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School board authority in Ohio

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Ohio state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Ohio law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Ohio law on school boards' authority over district policy. This section features the statutes in Ohio law that establish, enable, or define local school district boards.
- Constraints on Ohio school boards' authority. This section provides an overview of constraints on the school boards' authority in Ohio. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does Ohio compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Ohio.
School board authority over district policy in Ohio
Enabling or authorizing statute for the boards of school districts in Ohio
- See also: Enabling statute
Ohio Revised Code, Section 3313.20, creates school district boards and gives them authority to operate according to state law:[1]
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Ohio school boards' powers and duties
Ohio public school boards of directors are given broad authority to administer the public schools in Ohio. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include"
- Advertise offering of adult education classes[3]
- Borrow money to purchase computer equipment[4]
- Adopt a policy of zero tolerance for violent, disruptive, or inappropriate behavior[5]
The list of powers and duties school district boards are charged with are numerous and are listed in the Oho Revised Code, Section 3313.[6]
Constraints on Ohio school boards' authority
This section tracks constraints on school boards specific to Ohio as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on Ohio school boards' authority by topic
This section features constraints on school boards authority on policies related to the following topics:
Curriculum requirements
Ohio requires the following specific topics to be included in each district's curriculum:[7]
- History of Ohio, national, state, and local government
- Relevant contributions to society by men and women of African, Mexica, Puerto Rican, American Indian, and other minority descent
- Natural sciences and natural resource conservation
- Financial literacy and personal financial responsibility
- Proper interactions with peace officers
- Dating and sexual violence prevention
- Suicide prevention, violence prevention, and social inclusion[8]
Curriculum restrictions
Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.
Book bans, removals, and restrictions
Ohio school boards have the authority to remove books from school libraries.[10]
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(A) The board of education of each school district shall be the sole authority in determining and selecting all of the following to be used in the schools under its control: (1) Textbooks, pursuant to section 3329.08 of the Revised Code, and reading lists; (2) Instructional materials; (3) Academic curriculum. [2] |
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Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[11][12][13]
Parental notification
Ballotpedia could not identify any parental notification requirements in Ohio statutes, regulations, case law, or collective bargaining agreements.
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[15]
Discipline
Ohio is one of two states that authorizes school boards to create disciplinary policies in certain circumstances such as for bullying or expulsion.
The text of Ohio Revised Code Section 3313.661 is as follows:[16]
(A) Subject to the limitations set forth in section 3313.668 of the Revised Code, the board of education of each city, exempted village, and local school district shall adopt a policy regarding suspension, expulsion, removal, and permanent exclusion that specifies the types of misconduct for which a pupil may be suspended, expelled, or removed. The types of misconduct may include misconduct by a pupil that occurs off of property owned or controlled by the district but that is connected to activities or incidents that have occurred on property owned or controlled by that district and misconduct by a pupil that, regardless of where it occurs, is directed at a district official or employee, or the property of such official or employee. The policy shall specify the reasons for which the superintendent of the district may reduce the expulsion requirement in division (B)(2) of section 3313.66 of the Revised Code. If a board of education adopts a resolution pursuant to division (B)(3) of section 3313.66 of the Revised Code, the policy shall define the term "knife capable of causing serious bodily injury" or "firearm," as applicable, for purposes of expulsion under that resolution and shall specify any reasons for which the superintendent of the district may reduce any required expulsion period on a case-by-case basis. If a board of education adopts a resolution pursuant to division (B)(4) or (5) of section 3313.66 of the Revised Code, the policy shall specify any reasons for which the superintendent of the district may reduce any required expulsion period on a case-by-case basis. The policy also shall set forth the acts listed in section 3313.662 of the Revised Code for which a pupil may be permanently excluded. The policy adopted under this division shall specify the date and manner by which a pupil or a pupil's parent, guardian, or custodian may notify the board of the pupil's, parent's, guardian's, or custodian's intent to appeal an expulsion or suspension to the board or its designee pursuant to division (E) of section 3313.66 of the Revised Code. In the case of any expulsion, the policy shall not specify a date that is less than fourteen days after the date of the notice provided to the pupil or the pupil's parent, guardian, or custodian under division (D) of that section. A copy of the policy shall be posted in a central location in the school and made available to pupils upon request. No pupil shall be suspended, expelled, or removed except in accordance with the policy adopted by the board of education of the school district in which the pupil attends school, and no pupil shall be permanently excluded except in accordance with sections 3301.121 and 3313.662 of the Revised Code. (B) A board of education may establish a program and adopt guidelines under which a superintendent may require a pupil to perform community service in conjunction with a suspension or expulsion imposed under section 3313.66 of the Revised Code or in place of a suspension or expulsion imposed under section 3313.66 of the Revised Code except for an expulsion imposed pursuant to division (B)(2) of that section. If a board adopts guidelines under this division, they shall permit, except with regard to an expulsion pursuant to division (B)(2) of section 3313.66 of the Revised Code, a superintendent to impose a community service requirement beyond the end of the school year in lieu of applying an expulsion into the following school year. Any guidelines adopted shall be included in the policy adopted under this section. (C) The written policy of each board of education that is adopted pursuant to section 3313.20 of the Revised Code shall be posted in a central location in each school that is su bject to the policy and shall be made available to pupils upon request. (D) Except as described in division (B) of section 3313.668 of the Revised Code, any policy, program, or guideline adopted by a board of education under this section with regard to suspensions or expulsions pursuant to division (A) or (B) of section 3313.66 of the Revised Code shall apply to any student, whether or not the student is enrolled in the district, attending or otherwise participating in any curricular program provided in a school operated by the board or provided on any other property owned or controlled by the board. (E) As used in this section, "permanently exclude" and "permanent exclusion" have the same meanings as in section 3313.662 of the Revised Code. |
According to Ohio Revised Code Section 3313.666,Ohio school boards of directors are also given authority to:[17]
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School board elections
- See also: Rules governing school board election dates and timing in Ohio, How does Ohio compare to other states on school board authority over election timing?
Ohio is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Ohio.
Public school choice and open enrollment
- See also: School choice in Ohio
Ohio does not have a state-wide public school choice program as of November 2024, but school boards are required to adopt policies and allow for intradistrict open enrollment, according to Ohio Revised Code Section 3313.97.[19]
Intradistrict open enrollment allows students to attend schools within the same school district but that the students were not assigned to according to the district's attendance zones.
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School boards have the authority to and are required to adopt an official interdistrict open enrollment policy that (a) prohibits enrollment of students from outside of the district, (b) allows it from adjacent districts, or (c) allows it from all districts in the state, according to Ohio Revised Code Section 3313.98:[20]
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Charter schools
- See also: Charter schools in Ohio, How does Ohio compare to other states on school board authority over charter schools?
Ohio is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
According to Ohio Revised Code Section 3314.01, local school boards are considered authorized chartering entities and have the power to authorize charter schools::[21]
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Cellphone bans
Ohio is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. State law requires school boards to adopt policies that prohibit cellphone use at schools.[22]
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Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[23][24]
Ohio school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.
For example, although school boards in the state might typically have the ability to establish class size under their general authority, the 2022-2025 CBA between the Columbus Board of Education and the Columbus Education Association sets class size limits that the board can't violate:[25]
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Parents' Bill of Rights
Ohio is one of 26 states that has a Parents' Bill of Rights.
The text of the statute is as follows:[26]
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How does Ohio compare to other states?
This section compares Ohio's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[27]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Ohio adopts K-12 cellphone ban (2025): Ohio Governor Mike DeWine (R) signed House Bill 96 into law on June 30, 2025, changing the state law that required school boards to adopt a policy limiting cellphone use in schools to require boards to prohibit cellphone use. It was included as part of the state budget for fiscal year 2026-27.[28]
- Ohio enacts education bill reducing licensing requirements, repealing education regulations (2024): An Ohio K-12 education bill went into effect October 24, 2024, reducing educator licensing requirements and repealing certain education regulations from the Ohio Revised Code. The provisions authorized local school boards to approve the employment of unlicensed teachers in their district, created teacher evaluation frameworks at the local level, and repealed certain provisions related to the powers and duties of the Ohio Department of Education and Workforce, which includes duties to establish goals for public schools, such as reducing student dropout rates.[29][30]
- Ohio approves new K-3 reading curriculum (2024): The Ohio Department of Education and Workforce added a new reading curriculum for K-3 English language arts in April 2024 to its list of approved core curriculum and instructional materials. The department was required under state law to approve a list of language arts core curricula and instructional materials that align with the science of reading. The curriculum, titled “Being a Reader,” was developed by Collaborative Classroom—a nonprofit organization “committed to ensuring that all students become readers, writers, and thinkers who learn from, care for, and respect one another,” according to their website.[31][32]
- Reading Recovery sues state of Ohio for banning their reading intervention methods in Ohio schools (2023): Reading Recovery Council of North America (RRCNA) filed a lawsuit on October 3, 2023, to block Ohio's HB 33, which is a budget bill that designated money to implement a state-wide required reading curriculum that focuses on "systematic instruction in phonemic awareness, phonics, vocabulary, fluency, comprehension, and writing." The bill bans teachers from relying on the "three-cue approach," which Reading Recovery said could impact the use of their interventions. RRCNA sued the state of Ohio on the grounds that the literary instruction statute is a "policy mandate disguised as a budget bill," and that it defies Ohio's one-subject rule. Ohio joins over 30 states and the District of Columbia in implementing this new curriculum, often called the "science of reading" philosophy; Ohio joins Arkansas, Louisiana, and Virginia in banning the "three-cue approach."[33][34][35][36]
- Ohio school board passes resolution opposing state’s gender identity policy (2022): The Toledo Public School District (TPS) in Ohio unanimously passed a resolution on October 10, 2022, that rejected the Ohio State Board of Education’s (SBOE) resolution on gender identity policies in public schools.[37] TPS Board Member Chris Varwig said the board aimed to make student based decisions and “provide equitable education for all students.”[38]
- Ohio Republican lawmakers introduce bill to ban divisive concepts from public schools (2022): State Representatives Mike Loychik (R) and Jean Schmidt (R) on April 4, 2022, introduced a bill in the Ohio House of Representatives that aims to ban curriculum that promotes what lawmakers deem divisive concepts in public schools. The bill provided a list of prohibited topics, including critical race theory; intersectionality; diversity, equity, and inclusion learning outcomes; and “any other concept that the state board of education defines as divisive or inherently racist.”[39] The bill also aimed to ban curriculum on sexual orientation and gender identity for students in kindergarten through third grade.[40][41] HB 616 died in the Ohio House of Representatives at the end of the 2021-2022 legislative session.
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
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Footnotes
- ↑ Ohio.gov, "Ohio Revised Code, Section 3313.20," accessed October 31, 2024
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Ohio.gov, "Ohio Revised Code, Section 3313.204," accessed October 31, 2024
- ↑ Ohio.gov, "Ohio Revised Code, Section 3313.371," accessed October 31, 2024
- ↑ Ohio.gov, "Ohio Revised Code, Section 3313.534," accessed October 31, 2024
- ↑ Ohio.gov, "Ohio Revised Code, Section 3313," accessed October 31, 2024]
- ↑ "Ohio.gov, "Ohio Revised Code Section 3301," accessed October 31, 2024
- ↑ Department of Education and Workforce, "Suicide Prevention, Violence Prevention, Social Inclusion and School Safety Requirements," accessed January 30, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ "Ohio.gov, "Ohio Revised Code Section 3313.21," accessed October 31, 2024
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Ohio.gov, "Ohio Revised Code Section 3313.661," accessed October 31, 2024
- ↑ Ohio.gov, "Ohio Revised Code Section 3313.666," accessed October 31, 2024
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ "Ohio.gov, "Ohio Revised Code Section 3313.97," accessed October 31, 2024
- ↑ "Ohio.gov, "Ohio Revised Code Section 3313.98," accessed October 31, 2024
- ↑ "Ohio.gov, "Ohio Revised Code Section 3514.01," accessed October 31, 2024
- ↑ Ohio Legislature, "House Bill 96," accessed July 2, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ "CEA Ohio "Columbus Education Association Master Agreement 2022-2025," accessed October 31, 2024
- ↑ Ohio Legislature, "House Bill 8," accessed January 30, 2025
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ Ohio Legislature, "House Bill 96," accessed July 2, 2025
- ↑ The Ohio Senate, Ohio Senate Passes Reynolds Education Bill," November 27, 2024
- ↑ NBC4 - Central Ohio News, "Senate Bill 168 takes effect: what it means for Ohio schools," November 27, 2024
- ↑ PR Newswire, "Ohio Approves the Being a Reader Program for High-Quality Core Curriculum and Instructional Materials (K-3)," April 18, 2024
- ↑ Collaborative Classroom, "About Us," accessed May 3, 2024
- ↑ Ohio Capital Journal, "Science of reading enacted in Ohio’s new budget," December 6, 2023.
- ↑ Reading Recovery Community, "Reading Recovery Council of North America files lawsuit against Ohio Gov. Mike DeWine," December 6, 2023.
- ↑ Ohio Capital Journal, "Reading Recovery lawsuit trying to prevent science of reading implementation in Ohio schools," December 6, 2023.
- ↑ The Ohio Legislature, "House Bill 33," December 6, 2023.
- ↑ NBC 24 WNWO, “Toledo Public Schools passes resolution opposing state board regarding LGBTQ+ identities,” October 10, 2022
- ↑ 13abc, “TPS takes a stand against State BOE resolution, stating Title IX invalidation,” October 10, 2022
- ↑ HB 616, accessed April 21, 2022
- ↑ Fox 8, "HB 616 proposes ban on critical race theory, sexual orientation and gender identity in class," April 5, 2022
- ↑ Axios, "GOP lawmakers introduce "Don't Say Gay" bill in Ohio," April 6, 2022