Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 294
2025-2026
Representatives Mathews, T., Ritter
Cosponsors: Representatives Williams,
Newman, Hiner, Rogers
A
BILL
To
amend section 3313.97 of the Revised Code
regarding
school district intradistrict open enrollment policies.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 3313.97 of the Revised Code be amended to read as follows:
Sec.
3313.97.
Notwithstanding
division (D) of section 3311.19 and division (D) of section 3311.52
of the Revised Code, this section does not apply to any joint
vocational or cooperative education school district.
(A)
As used in this section:
(1)
"Parent" has the same meaning as in section 3313.64 of the
Revised Code.
(2)
"Alternative school" means a school building other than the
one to which a student is assigned by the district superintendent.
(3)
"IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(B)
The board of education of each city, local, and exempted village
school district shall adopt an open enrollment policy allowing
students entitled to attend school in the district pursuant to
section 3313.64 or 3313.65 of the Revised Code to enroll in an
alternative school. Each policy shall provide for the following:
(1)
Application procedures, including
deadlines
timelines
for
application and for notification of students and principals of
alternative schools whenever a student's application is accepted. The
policy shall require a student to apply only if the student wishes to
attend an alternative school.
(2)
The establishment of district capacity limits by grade level
,
and
school building
,
and education program;
.
Each school district shall determine the number of remaining
vacancies in each grade level and school building and post the
numbers on its web site every twelve weeks.
(3)
A requirement that the school district continue to approve
applications to enroll in each alternative school that has not
reached its capacity limit;
(4)
A requirement that students enrolled in a school building or living
in any attendance area of the school building established by the
superintendent or board be given preference over applicants;
(4)
(5)
Procedures to ensure that an appropriate racial balance is maintained
in the district schools.
Each
policy may permit a student to permanently transfer to an alternative
school so that the student need not reapply annually for permission
to attend the alternative school.
(C)
Except as provided in section 3313.982 of the Revised Code, the
procedures for admitting applicants to alternative schools shall not
include:
(1)
Any requirement of academic ability, or any level of athletic,
artistic, or other extracurricular skills;
(2)
Limitations on admitting applicants because of disabling conditions,
except that a board may require a student receiving services under
Chapter 3323. of the Revised Code to attend school where the services
described in the student's IEP are available;
(3)
A requirement that the student be proficient in the English language;
(4)
Rejection of any applicant because the student has been subject to
disciplinary proceedings, except that if an applicant has been
suspended or expelled for ten consecutive days or more in the term
for which admission is sought or in the term immediately preceding
the term for which admission is sought, the procedures may include a
provision denying admission of such applicant to an alternative
school
;
(5)
Rejection of any applicant based on the student's residential
address, race, gender, religion, or socioeconomic status
.
(D)(1)
Notwithstanding Chapter 3327. of the Revised Code, and except as
provided in division (D)(2) of this section, a district board is not
required to provide transportation to a nondisabled student enrolled
in an alternative school unless such student can be picked up and
dropped off at a regular school bus stop designated in accordance
with the board's transportation policy or unless the board is
required to provide additional transportation to the student in
accordance with a court-approved desegregation plan.
(2)
A district board shall provide transportation to any student
described in 20 U.S.C. 6316(b)(1)(F) to the extent required by
division (D) of section 3302.04 of the Revised Code, except that no
district board shall be required to provide transportation to any
such student after the school in which the student was enrolled
immediately prior to enrolling in the alternative school makes
adequate yearly progress, as defined in section 3302.01 of the
Revised Code, for two consecutive school years.
(E)
Each school board shall provide information about the policy adopted
under this section and the application procedures and deadlines to
the parent of each student in the district and to the general public.
Each
school board also shall publish the policy on its public web site.
(F)
No
school board shall impose tuition or fees for a student who enrolls
in an alternative school under this section that exceeds the tuition
or fees charged to students assigned to the school building by the
district superintendent.
(G)
A student's parent or guardian may appeal a school district's
decision to deny the student's application to open enroll in an
alternative school to the department of education and workforce. The
department shall respond to an appeal within ninety days of receiving
it.
(H)
The
department
of
education and workforce
shall
monitor school districts to ensure compliance with this section and
the districts' policies.
(I)
Each school district annually shall report to the department all of
the following:
(1)
The total number of open enrollment applications received under
division (B) of this section;
(2)
The total number of accepted applications;
(3)
The total number of denied applications;
(4)
The reason for each denied application.
The
department annually shall publish the information reported under this
division on its web site.
Section
2.
That
existing section 3313.97 of the Revised Code is hereby repealed.