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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 47
2025-2026
Senator Ingram
A
BILL
To
amend sections 3332.031, 3333.046, 4709.05, and 4713.07 and to enact
section 3314.033 of the Revised Code
to
require disclosure of the for-profit status of community school
operators and post-secondary educational institutions on various
promotional materials and contracts for employment.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3332.031, 3333.046, 4709.05, and 4713.07 be amended and
section 3314.033 of the Revised Code be enacted to read as follows:
Sec.
3314.033.
The
department of education and workforce shall adopt rules requiring any
community school with a for-profit operator to disclose on the
school's official web site, all promotional digital and print media,
and contracts for instruction, the fact that the community school's
operator is a for-profit business. The disclosure shall be made in a
type size as large or larger than any other text on the school's
official web site, promotional digital and print media, and contract
for instruction, excluding the name of the school, and shall be
presented in a manner reasonably calculated to draw the attention of
the reader. The disclosure shall read as follows: "(Name of
Community School Operator) IS A FOR-PROFIT BUSINESS IN THE STATE OF
OHIO."
The
department shall adopt rules requiring promotional digital and print
media for any community school with a for-profit operator that is
published by any person or entity not affiliated with the community
school to include the disclosure: "A FOR-PROFIT BUSINESS IN THE
STATE OF OHIO." The disclosure shall be made in a type size as
large or larger than any other text in the advertisement.
Sec.
3332.031.
The
state board of career colleges and schools shall:
(A)
Adopt rules under Chapter 119. of the Revised Code necessary to carry
out its duties and responsibilities under this chapter;
(B)
Establish minimum standards for the registration and operation of
private career schools including but not necessarily limited to
standards to ensure school financial stability;
(C)
Issue certificates of registration to private career schools pursuant
to division (A) of section 3332.05 of the Revised Code;
(D)
Suspend or revoke the certificate of registration of schools pursuant
to sections 3332.09 and 3332.091 of the Revised Code;
(E)
Establish minimum standards for certificate, diploma, and degree
programs offered by schools;
(F)
Issue program authorization pursuant to divisions (B) and (C) of
section 3332.05 of the Revised Code;
(G)
Suspend or revoke program authorization for schools pursuant to
sections 3332.09 and 3332.091 of the Revised Code;
(H)
Establish minimum standards, including but not necessarily limited to
a code of ethics, for agents employed by schools registered under
this chapter to reasonably ensure that such agents provide adequate,
ethical, and accurate information to prospective students;
(I)
Grant permits to agents pursuant to sections 3332.10 and 3332.11 of
the Revised Code;
(J)
Suspend or revoke an agent's permit pursuant to section 3123.47 or
3332.12 of the Revised Code;
(K)
Monitor recruitment and admissions practices of schools holding
certificates of registration to ensure compliance with this chapter
and the rules of the board;
(L)(1)
Adopt rules requiring all schools to provide all applicant students,
prior to their signing enrollment agreements, written information
concerning the school's graduation and placement rates for each of
the preceding three years and any other information the board deems
pertinent.
(2)
Adopt rules requiring all schools to provide any student or applicant
student, prior to the signing of any financial aid, grant, or loan
application, written information concerning the obligations of a
student obtaining such financial aid, grant, or loan.
(3)
Upon request, a school shall furnish the board with a copy of all
information required by this division. The board shall monitor
schools to ensure their compliance with this division.
(M)
Adopt a rule requiring all schools to include, in the enrollment
agreement, notice that any problems the student is having with the
school, or complaints the student has about the school, may be
directed to the board, which notice shall include the telephone
number of the executive director of the board;
(N)
Report annually to the governor and the general assembly on the
activities of the board and private career schools, and make
legislative recommendations when necessary to enable the board to
better serve the student population and the schools registered under
this chapter;
(O)
Adopt a rule requiring a uniform tuition refund policy for all
schools subject to this chapter. In adopting the rule, the board
shall consider the tuition refund policies effectuated by
state-supported colleges and universities. Each school subject to
this chapter shall furnish to each prospective student, prior to the
signing of an enrollment agreement, a copy of the tuition refund
policy.
(P)
Adopt a rule establishing minimum standards for all faculty and
instructional staff in all instructional programs at a school. In the
case of full-time faculty members employed for degree programs, such
standards shall include all of the following:
(1)
A prohibition against employing on or after July 1, 1993, any new
full-time faculty member to teach the general study portion of any
degree program, unless the person holds a master's degree in the
subject matter discipline or holds a master's degree in education
with proficiency in the subject matter discipline demonstrated in
accordance with the standards adopted by the board.
(2)
Except as provided under the standards adopted pursuant to division
(P)(3) of this section, a prohibition against employing or
reemploying on or after July 1, 1998, any full-time faculty member to
teach the general study portion of any degree program, unless the
person holds a master's degree in the subject matter discipline or
holds a master's degree in education with proficiency in the subject
matter discipline demonstrated in accordance with the standards
adopted by the board.
(3)
Standards under which the board, upon written request submitted to
the board prior to July 1, 1994, by any school, may exempt the school
from the prohibition adopted pursuant to division (P)(2) of this
section with regard to any individual full-time faculty member
employed by the school who has demonstrated outstanding teaching
performance in the general study portion of any degree program at the
school for a period of at least six years prior to July 1, 1993.
(4)
Definitions of "full-time faculty member," "new
faculty member," and any other term the board considers
necessary to define.
(Q)
Adopt a rule prohibiting a school or branch campus thereof from
claiming accreditation from an accrediting agency in any of its
advertising, recruiting, or promotional materials unless the agency
is recognized as an accrediting agency by the United States
department of education.
(R)(1)
Adopt rules requiring any for-profit, post-secondary educational
institution registered under section 3332.05 of the Revised Code to
disclose on the institution's official web site, all promotional
digital and print media, and contracts for instruction, the fact that
the institution is a for-profit business. The disclosure shall be
made in a type size as large or larger than any other text on the
institution's official web site, promotional digital and print media,
and contract for instruction, excluding the name of the institution,
and shall be presented in a manner reasonably calculated to draw the
attention of the reader. The disclosure shall read as follows: "(Name
of Degree-Granting Institution) IS A FOR-PROFIT BUSINESS IN THE STATE
OF OHIO."
(2)
Adopt rules requiring promotional digital and print media for any
for-profit private college or university, seminary, religious
institution, or any other institution registered under section
3332.05 of the Revised Code, published by any person or entity that
is not affiliated with the institution, to include the disclosure: "A
FOR-PROFIT BUSINESS IN THE STATE OF OHIO." The disclosure
required under this division shall be made in a type size as large or
larger than any other text in the advertisement.
Sec.
3333.046.
(A)
Any
institution authorized to grant on February 20, 2002, baccalaureate
or master's degrees, for which certificates of authorization have
been issued under Chapter 1713. of the Revised Code; that is
accredited by the appropriate regional and, when appropriate,
professional accrediting associations within whose jurisdiction it
falls; and that is operated by a for-profit corporation shall cease
to be subject to any regulation under Chapter 3332. of the Revised
Code but shall continue to be subject to the provisions for approval
of degree programs set forth in Chapter 1713. of the Revised Code,
including approval of any additional associate, baccalaureate, or
master's degree programs offered by the institution.
(B)(1)
Any institution to which division (A) of this section applies shall
disclose on the institution's official web site, all promotional
digital and print media, and contracts for instruction, the fact that
the institution is a for-profit business. The disclosure shall be
made in a type size as large or larger than any other text on the
institution's official web site, promotional digital and print media,
and contract for instruction, excluding the name of the institution,
and shall be presented in a manner reasonably calculated to draw the
attention of the reader. The disclosure shall read as follows: "(Name
of Degree Granting Institution) IS A FOR-PROFIT BUSINESS IN THE STATE
OF OHIO."
(2)
All promotional digital and print media for any institution under
division (A) of this section, published by any person or entity that
is not affiliated with the institution, shall include the disclosure:
"A FOR-PROFIT BUSINESS IN THE STATE OF OHIO." The
disclosure required under this division shall be made in a type size
as large or larger than any other text in the advertisement.
Sec.
4709.05.
(A)
In addition to any other duty imposed on the state cosmetology and
barber board under this chapter or Chapter 4713. of the Revised Code,
the board shall do all of the following:
(1)
Regulate the practice of barbering in this state;
(2)
Conduct or have conducted the examination for applicants to practice
as licensed barbers;
(3)
Prescribe and make available application forms to be used by
individuals seeking admission to an examination conducted under
section 4709.07 of the Revised Code or a license or permit issued
under this chapter;
(4)
Prescribe and make available application forms to be used by
individuals seeking renewal of a license or permit issued under this
chapter;
(5)
Furnish a copy of the infection control standards adopted pursuant to
division (A)(8)(a) of this section to both of the following:
(a)
Each individual or person to whom the board issues a barber license
or license to operate a barber shop;
(b)
Each individual providing cosmetic therapy, massage therapy, or other
professional service in a barber shop under section 4709.091 of the
Revised Code.
(6)
Supply a copy of the poster created pursuant to division (B) of
section 5502.63 of the Revised Code to each person authorized to
operate a barber shop under this chapter;
(7)
Comply with sections 4713.641 and 4713.66 of the Revised Code
regarding investigations and inspections;
(8)
Adopt rules, in accordance with Chapter 119. of the Revised Code, to
administer and enforce this chapter and that cover all of the
following:
(a)
Infection control standards for the practice of barbering and the
operation of barber shops;
(b)
The content of the examination required of an applicant for a barber
license under section 4709.07 of the Revised Code and the passing
score required for the examination;
(c)
Conditions an individual must satisfy to qualify for a temporary
pre-examination work permit under section 4709.071 of the Revised
Code and the conditions and method of renewing a temporary
pre-examination work permit under that section;
(d)
Requirements for the licensure of barber instructors and assistant
barber instructors that are in addition to the requirements specified
in section 4709.072 of the Revised Code;
(e)
Conditions under which the board will take into account, under
section 4709.073 of the Revised Code, instruction an applicant for a
license under section 4709.07 or 4709.072 of the Revised Code
received more than five years before the date of application for the
license;
(f)
Conditions an applicant must satisfy for the board to issue the
applicant a license under section 4709.08 of the Revised Code without
the applicant taking an examination conducted under section 4709.07
of the Revised Code;
(g)
Conditions an applicant must satisfy for the board to issue the
applicant an independent contractor license under section 4709.09 of
the Revised Code and the fee for the issuance and renewal of the
license;
(h)
Specify which professions regulated by a professional regulatory
board of this state may be practiced in a barber shop under section
4709.091 of the Revised Code, including whether cosmetic therapy may
be practiced in a barber shop;
(i)
Establish standards for the provision of cosmetic therapy, massage
therapy, or other professional service in a barber shop pursuant to
section 4709.091 of the Revised Code;
(j)
If the board, under section 4709.111 of the Revised Code, develops a
procedure for classifying licenses inactive, do both of the
following:
(i)
Establish a fee for having a license classified inactive that
reflects the cost to the board of providing the inactive license
service;
(ii)
Specify the continuing education that an individual whose license has
been classified inactive must complete to have the license restored.
(k)
Require
any for-profit barber school operated by a person licensed under
section 4709.10 of the Revised Code to disclose on the school's
official web site, all promotional digital and print media, and
contracts for instruction, the fact that the school is a for-profit
business. The disclosure shall be made in a type size as large or
larger than any other text on the school's official web site,
promotional digital and print media, and contract for instruction,
excluding the name of the school, and shall be presented in a manner
reasonably calculated to draw the attention of the reader. The
disclosure shall read as follows: "(Name of Barber School) IS A
FOR-PROFIT BUSINESS IN THE STATE OF OHIO."
(l)
Require promotional digital and print media for any for-profit barber
school or any other institution operated by a person licensed under
section 4709.10 of the Revised Code, published by any person or
entity that is not affiliated with the school or institution, to
include the disclosure: "A FOR-PROFIT BUSINESS IN THE STATE OF
OHIO." The disclosure required under this division shall be made
in a type size as large or larger than any other text in the
advertisement.
(m)
Any
other area the board determines appropriate to administer or enforce
this chapter.
(B)
The infection control standards established under division (A)(8)(a)
of this section shall focus in particular on precautions to be
employed to prevent infectious or contagious diseases being created
or spread.
(C)
The content of the examination specified in rules adopted under
division (A)(8)(b) of this section shall include a practical
demonstration and a written test, shall relate only to the practice
of barbering, and shall require the applicant to demonstrate that the
applicant has a thorough knowledge of and competence in the proper
techniques in the safe use of chemicals used in the practice of
barbering. The minimum passing score of the examination shall not
exceed seventy-five per cent.
(D)
The rules adopted under division (A)(8)(c) of this section may
establish additional conditions for a temporary pre-examination work
permit under section 4709.071 of the Revised Code that are applicable
to individuals who are licensed to practice barbering in another
state or country.
(E)
The conditions specified in rules adopted under division (A)(8)(f) of
this section may include that an applicant is applying for a barber
license for which the board determines an examination is unnecessary.
(F)
The rules adopted under division (A)(8)(h) of this section shall not
include a profession if practice of the profession in a barber shop
is a violation of a statute or rule governing the profession.
(G)
If the board adopts a procedure for classifying licenses inactive,
the continuing education specified under division (A)(8)(j)(ii) of
this section shall be sufficient to ensure the minimum competency in
the use or administration of a new procedure or product required by a
licensee necessary to protect public health and safety. The
requirement shall not exceed the cumulative number of hours of
continuing education that the individual would have been required to
complete had the individual retained an active license.
Sec.
4713.07.
(A)
The state cosmetology and barber board shall do all of the following:
(1)
Regulate the practice of cosmetology and all of its branches in this
state;
(2)
Investigate or inspect, when evidence appears to demonstrate that an
individual has violated any provision of this chapter or Chapter
4709. of the Revised Code or any rule adopted under either chapter,
the activities or premises of a license holder or unlicensed
individual;
(3)
Adopt rules in accordance with section 4713.08 of the Revised Code;
(4)
Prescribe and make available application forms to be used by
individuals seeking admission to an examination conducted under
section 4713.24 of the Revised Code or a license or registration
issued under this chapter;
(5)
Prescribe and make available application forms to be used by
individuals seeking renewal of a license or registration issued under
this chapter;
(6)
Provide a toll-free number and an online service to receive
complaints alleging violations of this chapter or Chapter 4709. of
the Revised Code;
(7)
Submit a written report annually to the governor that provides all of
the following:
(a)
A discussion of the conditions in this state of the practice of
barbering, cosmetology, and the branches of cosmetology;
(b)
An evaluation of board activities intended to aid or protect
consumers;
(c)
A brief summary of the board's proceedings during the year the report
covers;
(d)
A statement of all money that the board received and expended during
the year the report covers.
(8)
Keep a record of all of the following:
(a)
The board's proceedings;
(b)
The name and last known physical address, electronic mail address,
and telephone number of each individual issued a license or
registration under this chapter or Chapter 4709. of the Revised Code;
(c)
The date and number of each license, permit, and registration that
the board issues.
(9)
Assist ex-offenders and military veterans who hold licenses issued by
the board to find employment within salons, barber shops, or other
facilities within this state;
(10)
Require inspectors appointed pursuant to section 4713.06 of the
Revised Code to conduct inspections of licensed or permitted
facilities, including salons and boutique salons, schools, barber
shops, and tanning facilities, within ninety days of the opening for
business of a licensed facility, upon complaints reported to the
board, within ninety days after a violation was documented at a
facility, and at least once every two years. Any individual, after
providing the individual's name and contact information, may report
to the board any information the individual may have that appears to
show a violation of any provision of this chapter or rule adopted
under it or a violation of any provision of Chapter 4709. of the
Revised Code or rule adopted by the board pursuant to Chapter 4709.
of the Revised Code. In the absence of bad faith, any individual who
reports information of that nature or who testifies before the board
in any adjudication conducted under Chapter 119. of the Revised Code
shall not be liable for damages in a civil action as a result of the
report or testimony. For the purpose of inspections, an independent
contractor licensed under this chapter or Chapter 4709. of the
Revised Code shall be added to the board's records as an individual
salon or barber shop.
(11)
Supply a copy of the poster created pursuant to division (B) of
section 5502.63 of the Revised Code to each person authorized to
operate a salon, school, tanning facility, or other type of facility
under this chapter;
(12)
Adopt rules requiring any for-profit school of cosmetology operated
by a person licensed under section 4713.44 of the Revised Code to
disclose on the school's official web site, all promotional digital
and print media, and contracts for instruction, the fact that the
school is a for-profit business. The disclosure shall be made in a
type size as large or larger than any other text on the school's
official web site, promotional digital and print media, and contract
for instruction, excluding the name of the school, and shall be
presented in a manner reasonably calculated to draw the attention of
the reader. The disclosure shall read as follows: "(Name of
school) IS A FOR-PROFIT BUSINESS IN THE STATE OF OHIO."
(13)
Adopt rules requiring promotional digital and print media for any
for-profit school of cosmetology or any other institution operated by
a person licensed under section 4713.44 of the Revised Code,
published by any person or entity that is not affiliated with the
school or institution, to include the disclosure: "A FOR-PROFIT
BUSINESS IN THE STATE OF OHIO." The disclosure required under
this division shall be made in a type size as large or larger than
any other text in the advertisement.
(14)
All other duties that this chapter imposes on the board.
(B)
The board may do either of the following:
(1)
Report to the proper prosecuting officer violations of section
4709.02 or 4713.14 of the Revised Code;
(2)
Delegate any of the duties listed in division (A) of this section to
the executive director of the board or to an individual designated by
the executive director.
Section
2.
That
existing sections 3332.031, 3333.046, 4709.05, and 4713.07 of the
Revised Code are hereby repealed.