Chapter 3320 | Students liberties and antidiscrimination

Section 3320.01 | Short title; definitions.

• Effective: September 18, 2020
• Latest Legislation: House Bill 164 - 133rd General Assembly

(A) Sections 3320.01, 3320.02, and 3320.03 of the Revised Code shall be collectively known as the "Ohio Student Religious Liberties Act of 2019."

(B) As used in sections 3320.01 to 3320.03 of the Revised Code, "religious expression" includes any of the following:

(1) Prayer;

(2) Religious gatherings, including but not limited to prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings;

(3) Distribution of written materials or literature of a religious nature;

(4) Any other activity of a religious nature, including wearing symbolic clothing or expression of a religious viewpoint, provided that the activity is not obscene, vulgar, offensively lewd, or indecent.

Section 3320.02 | General provisions.

• Effective: September 18, 2020
• Latest Legislation: House Bill 164 - 133rd General Assembly

(A) A student enrolled in a public school may engage in religious expression before, during, and after school hours in the same manner and to the same extent that a student is permitted to engage in secular activities or expression before, during, and after school hours.

(B) A school district, community school established under Chapter 3314., STEM school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code shall give the same access to school facilities to students who wish to conduct a meeting for the purpose of engaging in religious expression as is given to secular student groups, without regard to the content of a student's or group's expression.

Section 3320.03 | Rights of students to engage in religious expression in completion of assignments.

• Effective: September 18, 2020
• Latest Legislation: House Bill 164 - 133rd General Assembly

No school district board of education, governing authority of a community school established under Chapter 3314. of the Revised Code, governing body of a STEM school established under Chapter 3326. of the Revised Code, or board of trustees of a college-preparatory boarding school established under Chapter 3328. of the Revised Code shall prohibit a student from engaging in religious expression in the completion of homework, artwork, or other written or oral assignments. Assignment grades and scores shall be calculated using ordinary academic standards of substance and relevance, including any legitimate pedagogical concerns, and shall not penalize or reward a student based on the religious content of a student's work.

Section 3320.04 | Religious accommodations for public school students.

• Effective: October 24, 2024
• Latest Legislation: House Bill 214 - 135th General Assembly

Each school district board of education shall adopt a policy that reasonably accommodates the sincerely held religious beliefs and practices of individual students with regard to all examinations or other academic requirements and absences for reasons of faith or religious or spiritual belief system. The policy shall satisfy all of the following conditions:

(A) The policy shall permit a student in any of grades kindergarten through twelve to be absent for up to three religious expression days each school year to take holidays for reasons of faith or religious or spiritual belief system or participate in organized activities conducted under the auspices of a religious denomination, church, or other religious or spiritual organization. The district shall not impose an academic penalty as a result of a student being absent as permitted in the policy. The policy shall also permit students to participate in interscholastic athletics or other extracurricular activities on days in which the student was otherwise absent for a religious expression day.

(B)(1) The policy shall require that students be provided with alternative accommodations with regard to examinations and other academic requirements missed due to an absence described in division (A) of this section if not later than fourteen school days after the first day of school, or fourteen school days after the date of enrollment for a student who transfers to or enrolls in the district after the first day of school, the parent or guardian of a student provides the school principal with written notice of up to three specific dates for which alternative accommodations are requested, if an absence approved under division (B)(2) of this section conflicts with an examination or other academic requirement on that date.

(2) The school principal shall approve not more than three written requests per school year from a student's parent or guardian for an excused absence under division (A) of this section. The school principal shall approve such requests without inquiry into the sincerity of a student's religious or spiritual belief system. However, the school principal may verify a request received under division (A) of this section by contacting the parent or guardian whose signature appears on the request. If a parent or guardian disputes having signed such a request, the school principal may deny the request. Upon approval of a request that satisfies division (B)(1) of this section, a school principal shall require the appropriate classroom teacher or teachers to schedule a time and date for an alternative examination or other academic requirement if the approved student absence creates a conflict, which may be before or after the time and date the examination or other academic requirement was originally scheduled.

(C) The policy shall require the district board to post both of the following in a prominent location on the district's web site:

(1) A copy of the policy adopted under this section, which shall include the contact information of an individual who can provide further information about the policy;

(2) A nonexhaustive list of major religious holidays, festivals, and religious observations, which may include, Eid, Good Friday, Rosh Hashanah, Yom Kippur, and Passover, for which an excused absence under this section shall not be unreasonably withheld or denied.

The state superintendent shall provide each district with a nonexhaustive list of major religious holidays or festivals for the next two school years, including Eid, Good Friday, Rosh Hashanah, Yom Kippur, and Passover, at the beginning of each school year. Each district may adopt the state superintendent's list in its entirety or choose which holidays to include on its list.

Each time a district's policy is posted, printed, or published, including as described in divisions (C) and (D) of this section, the district shall include a statement that the list is nonexhaustive, and the list may not be used to deny accommodation to a student for a holiday or festival of the student's faith or religious or spiritual belief system that does not appear on the list.

Nothing in this section, and no inclusion or exclusion of a religious holiday or festival on the list posted by a district, shall preclude a student from full and reasonable accommodations for any sincerely held religious beliefs and practices with regard to all examinations or other academic requirements and absences for reasons of faith or religious or spiritual belief system provided under this section.

(D) The policy shall require school districts annually to convey to parents and guardians the policy adopted under this section, including a description of the general procedure for requesting accommodations. The manner in which the school district conveys the information shall be determined at the discretion of the district.

(E) The policy shall include a procedure under which a student, parent, or guardian may notify the district of any grievance with regard to the implementation of the policy required under this section.

(F) Any days excused under this section shall not be considered in determining absence hours for the purposes of parental notification under division (C)(1) of section 3321.191 of the Revised Code.

Last updated September 5, 2024 at 2:33 PM

Section 3320.05 | Harassment and intimidation policy - state and private for-profit institutions.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 94 - 135th General Assembly

(A) As used in sections 3320.05 to 3320.08 of the Revised Code:

(1) "Harassment" has the same meaning as in section 3345.0211 of the Revised Code.

(2) "Institution of higher education" means any of the following:

(a) A state institution of higher education as defined in section 3345.011 of the Revised Code;

(b) An institution holding a certificate of registration from the state board of career colleges and schools and program authorization for an associate or bachelor's degree program issued under section 3332.05 of the Revised Code;

(c) A private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code.

(3) "Intimidation" means the violation of ethnic intimidation described in section 2927.12 of the Revised Code.

(4) "Private nonprofit institution of higher education" means a nonprofit institution holding a certificate of authorization pursuant to Chapter 1713. of the Revised Code.

(B) Each institution of higher education shall adopt and enforce a policy regarding racial, religious, and ethnic harassment and intimidation at the institution. The policy shall include:

(1) The provision of training for all institution administration, faculty, and staff, which shall include information on how to respond to hate incidents or incidents of harassment that occur during a class or event held at the institution at the time the incident occurs. This training may be provided online.

(2) Procedures for accepting and investigating student complaints and allegations of racial, religious, or ethnic harassment or intimidation against any student, staff, or faculty member. The procedures shall include:

(a) An option to submit complaints and report threats anonymously;

(b) Potential disciplinary actions that may be taken after an investigation is conducted;

(c) At the conclusion of an investigation, any mandatory communications, regardless of whether disciplinary action is taken. These communications may include educational information on the institution's policy against racial, religious, and ethnic harassment and intimidation.

(C) Each institution of higher education shall ensure that, to the extent possible and as needed, its campus security and police department, if the institution has one, collaborate with local law enforcement, the state highway patrol, and student communities to provide security functions for institutionally sanctioned student organizations that face threats of terror attack or hate crimes.

(D) Each institution of higher education shall create a campus task force on combating antisemitism, Islamophobia, anti-Christian discrimination, and hatred, harassment, bullying, or violence toward others on the basis of their actual religious identity or what is assumed to be their religious identity at the institution.

(E) Nothing in this section shall be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution, Article I, Sections 3 and 11 of the Ohio Constitution, or noncommercial expressive activity as defined in section 3345.0212 of the Revised Code.

Last updated September 11, 2024 at 12:08 PM

Section 3320.06 | Harassment and intimidation policy - private nonprofit institutions.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 94 - 135th General Assembly

(A) Each private nonprofit institution of higher education shall adopt and enforce a policy regarding racial and ethnic harassment and intimidation at the institution. The policy shall include:

(1) The provision of training for all institution administration, faculty, and staff, which shall include information on how to respond to hate incidents or incidents of harassment that occur during a class or event held at the institution at the time the incident occurs. This training may be provided online.

(2) Procedures for accepting and investigating student complaints and allegations of racial or ethnic harassment or intimidation against any student, staff, or faculty member. The procedure shall include:

(a) An option to submit complaints and report threats anonymously;

(b) Potential disciplinary actions that may be taken after an investigation is conducted;

(c) At the conclusion of an investigation, any mandatory communications, regardless of whether disciplinary action is taken. These communications may include educational information on the institution's policy against racial and ethnic harassment and intimidation.

(B) Each private nonprofit institution of higher education shall ensure that, to the extent possible and as needed, its campus security and police department, if the institution has one, collaborate with local law enforcement, the state highway patrol, and student communities to provide security functions consistent with institutional policies for institutionally sanctioned student organizations that face threats of terror attacks or hate crimes.

(C) Each private nonprofit institution of higher education shall create a campus task force on combating antisemitism, Islamophobia, anti-Christian discrimination, and hatred, harassment, bullying, or violence toward others.

(D) In the event of a conflict between any provision of this section and the United States Constitution, any other provision of federal law applicable to nonprofit institutions of higher education, or Article I, Sections 3 and 11 of the Ohio Constitution, the other provision of law controls.

Last updated September 11, 2024 at 12:09 PM

Section 3320.07 | Annual report on harassment and intimidation.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 94 - 135th General Assembly

Each institution of higher education and private nonprofit institution of higher education shall submit an annual report to the chancellor of all harassment and intimidation reports submitted to the federal government consistent with the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act," 20 U.S.C. 1092(f).

Last updated September 11, 2024 at 12:09 PM

Section 3320.08 | Time, place, and manner restriction posting.

• Effective: October 24, 2024
• Latest Legislation: Senate Bill 94 - 135th General Assembly

Each state institution of higher education, as defined in section 3345.011 of the Revised Code, shall publicize on its web site any time, place, or manner restrictions it places on expressive activities, as defined in section 3345.0211 of the Revised Code.

Last updated September 11, 2024 at 12:09 PM