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.

HIGHLIGHTS
  • Ohio did not have a statewide public school choice program as of October 2024, but school boards are required to adopt policies and allow for open intradistrict enrollment.
  • 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.
  • Ohio school boards can engage in collective bargaining with school employees, which can constrain their authority over certain policies.

    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    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:

    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]

    “

    (A) The board of education of a school district or the governing board of an educational service center shall make any rules that are necessary for its government and the government of its employees, pupils of its schools, and all other persons entering upon its school grounds or premises. [2]

    		”

    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.

    Federal law and guidance

    Book bans, removals, and restrictions

    Ohio school boards have the authority to remove books from school libraries.[10]

    “

    (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]

    		”

    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]

    Federal guidance


    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

    See also: How does Ohio compare to other states on school board authority over disciplinary policy?

    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]

    “

    (9) A disciplinary procedure for any student guilty of harassment, intimidation, or bullying, which shall not infringe on any student's rights under the first amendment to the Constitution of the United States;

    (10) A statement prohibiting students from deliberately making false reports of harassment, intimidation, or bullying and a disciplinary procedure for any student responsible for deliberately making a false report of that nature; [2]

    		”
    Federal guidance

    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.

    “

    (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 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, school building, and education program;

    (3) 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) Procedures to ensure that an appropriate racial balance is maintained in the district schools. [2]

    		”

    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]

    “

    (B)(1) The board of education of each city, local, and exempted village school district shall adopt a resolution establishing for the school district one of the following policies:

    (a) A policy that entirely prohibits the enrollment of students from adjacent districts or other districts, other than students for whom tuition is paid in accordance with section 3317.08 of the Revised Code;

    (b) A policy that permits enrollment of students from all adjacent districts in accordance with policy statements contained in the resolution;

    (c) A policy that permits enrollment of students from all other districts in accordance with policy statements contained in the resolution. [2]

    		”

    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]

    “

    A)(1) A board of education may permit all or part of any of the schools under its control, upon request of a proposing person or group and provided the person or group meets the requirements of this chapter, to become a community school.

    (2) Any person or group of individuals may propose the creation of a community school pursuant to the provisions of this chapter. No nonpublic chartered or nonchartered school in existence on January 1, 1997, is eligible to become a community school under this chapter.

    (B) A community school created under this chapter is a public school, independent of any school district, and is part of the state's program of education. A community school may sue and be sued, acquire facilities as needed, contract for any services necessary for the operation of the school, and enter into contracts with a sponsor pursuant to this chapter. The governing authority of a community school may carry out any act and ensure the performance of any function that is in compliance with the Ohio Constitution, this chapter, other statutes applicable to community schools, and the contract entered into under this chapter establishing the school. [2]

    		”

    Cellphone bans

    See also: How does Ohio compare to other states on cell phone laws?

    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]

    “

    (C)(1) Not later than January 1, 2026, each school district board of education shall adopt a policy governing the use of cellular telephones by students during school hours. The policy shall:

    (2) prohibit all cellular telephone use by students during the instructional day, except as described in division (C)(2) of this section or if permitted under the building's comprehensive emergency management plan adopted under section 5502.262 of the Revised Code.;

    (3) If determined appropriate by the district board, or if included in a student's individualized education program developed under Chapter 3323. of the Revised Code or plan developed under section 504 of the "Rehabilitation Act of 1973," 29 U.S.C. 794, permit students to use cellular telephones or other electronic communications devices for student learning or to monitor or address a health concern.

    A district board shall permit a student to use a cellular telephone or other electronic communications device to monitor or address a health concern if the board receives a written statement from the student's physician requiring such use. [2]

    		”

    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]

    “

    All school and grade level regular elementary classes (kindergarten and grades 1–5) will be organized in each school building on the basis of approximately 25 pupils per classroom teacher. Variations will be necessary because of different grade level enrollment totals. Classes which exceed 30 pupils on October 1 will be reduced so that no class will exceed 30 pupils except that if the teacher(s) involved so elect and the principal so elects, a given class(es) may exceed 30 pupils as an alternative to reorganization of the classes within the given school (29 pupils rather than 30 pupils beginning in 1998-1999 for grade K–3; 28 pupils beginning in 2020–21 for grade Kindergarten; 27 pupils beginning in 2021–2022 for grade Kindergarten and 28 pupils beginning in 2021–22 for grade 1; beginning in 2022–2023, 27 pupils for grade Kindergarten and grade 1 and 28 pupils for grade 2; beginning in 2023–2024, 27 pupils for grade Kindergarten - grade 2 and 28 pupils for grade 3; beginning in 2024–2025, 27 pupils for grade Kindergarten - grade 3 and 28 pupils for grade 4. Phase in of class size reduction will continue until the maximum class size is 27 pupils for grades K–5). [2]

    		”

    Parents' Bill of Rights

    See also: How does Ohio compare to other states on Parents' Bills of Rights?

    Ohio is one of 26 states that has a Parents' Bill of Rights.


    The text of the statute is as follows:[26]

    “

    Sec. 3313.473. (A) The general assembly maintains that a parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child.

    (B) Not later than the first day of July following the effective date of this section, the board of education of each city, local, exempted village, and joint vocational school district shall develop and adopt a policy to promote parental involvement in the public school system. The policy shall require a school district to do all of the following:

    (1)(a) Ensure that any sexuality content is age-appropriate and developmentally appropriate for the age of the student receiving the instruction, regardless of the age or grade level of the student.

    (b) Prior to providing instruction that includes sexuality content or permitting a third party to provide such instruction on behalf of the district, provide parents the opportunity to review any instructional material that includes sexuality content. Upon request of the student's parent, a student shall be excused from instruction that includes sexuality content and be permitted to participate in an alternative assignment.

    (2) Promptly notify a student's parent of any substantial change in the student's services, including counseling services, or monitoring related to the student's mental, emotional, or physical health or well-being or the school's ability to provide a safe and supportive learning environment for the student. The policy shall specify in what manner a student's parent will be notified of any substantial change in the student's services.

    The policy shall specify that notice to parents shall reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children, and that the school district shall not inhibit parental access to the student's education and health records maintained by the school.

    (3) Prohibit school district personnel from directly or indirectly encouraging a student to withhold from a parent information concerning the student's mental, emotional, or physical health or Sub. H. B. No. 8 135th G.A. 2 well-being, or a change in related services or monitoring.

    The policy shall prohibit school district personnel from discouraging or prohibiting parental notification of and involvement in decisions affecting a student's mental, emotional, or physical health or well-being.

    (4) Adopt a procedure to obtain authorization from parents prior to providing any type of health care service to the student, including physical, mental, and behavioral health care services. Under the procedure, a parent may choose whether to authorize a district to provide a health care service to the parent's child. The procedure shall require the school district to do both of the following:

    (a) At the beginning of the school year, notify parents of each health care service offered at, or facilitated in cooperation with, their student's school and their option to withhold consent or decline any specified service. Parental consent to health care services does not waive the parent's right to access the parent's student's educational or health records or to be notified about a change in the student's services or monitoring as provided in this section.

    (b) Prior to providing a health care service to a student, notify a parent whether the service is required to be provided by the school district under state law and if other options for a student to access the service exist. This requirement may be satisfied by an annual notice to parents at the beginning of the school year.

    Division (B)(4) of this section does not apply to emergency situations, first aid, other unanticipated minor health care services, or health care services provided pursuant to a student's IEP or a school district's obligation under section 504 of the "Rehabilitation Act of 1973," 29 U.S.C. 794.

    (5) Permit a parent to file with a school principal or assistant principal a written concern regarding a topic addressed in this section. The policy shall establish a process for a principal or assistant principal to resolve such concerns within thirty days after their receipt. Under the policy, school districts shall notify parents of their right to file a written concern. A parent may appeal a principal's or assistant principal's decision to the superintendent of that district. If a parent appeals the principal's or assistant principal's decision, the superintendent, or a designee of the superintendent, shall conduct a hearing on the decision. Based on the findings of that hearing, the superintendent shall decide whether to affirm the principal's or assistant principal's decision. If the superintendent does not affirm the decision, the superintendent shall determine a resolution to the parent's concern. A parent may appeal the superintendent's decision to the board of education of the school district. The board shall review the superintendent's decision and, if the board determines it necessary, hold a hearing on the decision and, based on that hearing, either affirm the superintendent's decision or determine a new resolution to the parent's concern. Nothing in division (B)(5) of this section shall prevent a parent from contacting a member of a board of education regarding the parent's concerns with the operation of a school under the supervision of that board.

    (C) Each school district shall make its policy adopted under this section publicly available Sub. H. B. No. 8 135th G.A. 3 and post it prominently on its publicly accessible web site, if it has one.

    (D) This section does not prescribe all rights of parents or preempt or foreclose claims or remedies in support of parental rights that are available under the constitution, statutes, or common law of this state.

    (E) No school district or third party acting on behalf of a district shall provide instruction that includes sexuality content to students in grades kindergarten through three.

    (F)(1) Nothing in this section shall require disclosure or activity that is in conflict with or in violation of any of the following:

    (a) The HIPAA privacy rule;
    (b) Chapter 3798. of the Revised Code;
    (c) Section 2317.02, 4732.19, or 5122.04 of the Revised Code;
    (d) The "Family Educational Rights and Privacy Act of 1974," 20 U.S.C. 1232g;
    (e) Ohio Constitution, Article I, Section 10a and any laws enacted to implement that section, including sections 2930.07 and 2930.10 of the Revised Code.

    (2) Nothing in this section requires disclosure or activity in violation of any court order, including any of the following:

    (a) A condition of bond;
    (b) A protection order or consent agreement issued pursuant to section 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31 of the Revised Code;
    (c) A condition of a community control sanction, post-release control sanction, or parole.

    (3) Nothing in this section requires disclosure or activity in violation of a specific request for nondisclosure made pursuant to a criminal investigation or grand jury subpoena in which the student is the victim and a parent is the alleged perpetrator.

    (4) Nothing in this section prohibits or prevents mandatory reporting under section 2151.421 of the Revised Code.

    (5) Nothing in this section prohibits or limits the career and academic mentoring and counseling between teachers and students in the regular course of the school day.

    (G) As used in this section:

    (1) "Biological sex" means the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and unambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender.
    (2) "HIPAA privacy rule" has the same meaning as in section 3798.01 of the Revised Code.
    (3) "IEP" has the same meaning as in section 3323.01 of the Revised Code.
    (4) "Parent" has the same meaning as in section 3313.98 of the Revised Code.
    (5) "Sexuality content" means any oral or written instruction, presentation, image, or description of sexual concepts or gender ideology provided in a classroom setting.
    "Sexuality content" does not mean any of the following: (Sub. H. B. No. 8 135th G.A. 4)
    (a) Instruction or presentations in sexually transmitted infection education, child sexual abuse prevention, and sexual violence prevention education provided under division (A)(5) of section 3313.60 or section 3314.0310 or 3326.091 of the Revised Code;
    (b) Instruction or presentations in sexually transmitted infection education emphasizing abstinence provided under section 3313.6011 of the Revised Code;
    (c) Incidental references to sexual concepts or gender ideology occurring outside of formal instruction or presentations on such topics, including references made during class participation and in schoolwork.
    (6) "Student's mental, emotional, or physical health or well-being" includes, at a minimum, any of the following:
    (a) A student's academic performance;
    (b) Any significant sickness or physical injury, or any psychological trauma suffered by a student;
    (c) Any harassment, intimidation, or bullying, as defined in section 3313.666 of the Revised Code, by or against a student in violation of school district policy;
    (d) Any request by a student to identify as a gender that does not align with the student's biological sex;
    (e) Exhibition of suicidal ideation or persistent symptoms of depression, or severe anxiety, or other mental health issues.
    (7) "Age-appropriate" and "developmentally appropriate" content refers to activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group.[2]
    		 ”

    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-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Twelve 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.
    • Ten 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

    See also: State policies on cellphone use in K-12 public schools

    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

    See also: Overview of trends in K-12 curricula development
    • 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

    Footnotes

    1. ↑ Ohio.gov, "Ohio Revised Code, Section 3313.20," accessed October 31, 2024
    2. ↑ 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.
    3. ↑ Ohio.gov, "Ohio Revised Code, Section 3313.204," accessed October 31, 2024
    4. ↑ Ohio.gov, "Ohio Revised Code, Section 3313.371," accessed October 31, 2024
    5. ↑ Ohio.gov, "Ohio Revised Code, Section 3313.534," accessed October 31, 2024
    6. ↑ Ohio.gov, "Ohio Revised Code, Section 3313," accessed October 31, 2024]
    7. ↑ "Ohio.gov, "Ohio Revised Code Section 3301," accessed October 31, 2024
    8. ↑ Department of Education and Workforce, "Suicide Prevention, Violence Prevention, Social Inclusion and School Safety Requirements," accessed January 30, 2025
    9. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    10. ↑ "Ohio.gov, "Ohio Revised Code Section 3313.21," accessed October 31, 2024
    11. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    12. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    13. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    14. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    15. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    16. ↑ Ohio.gov, "Ohio Revised Code Section 3313.661," accessed October 31, 2024
    17. ↑ Ohio.gov, "Ohio Revised Code Section 3313.666," accessed October 31, 2024
    18. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    19. ↑ "Ohio.gov, "Ohio Revised Code Section 3313.97," accessed October 31, 2024
    20. ↑ "Ohio.gov, "Ohio Revised Code Section 3313.98," accessed October 31, 2024
    21. ↑ "Ohio.gov, "Ohio Revised Code Section 3514.01," accessed October 31, 2024
    22. ↑ Ohio Legislature, "House Bill 96," accessed July 2, 2025
    23. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    24. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    25. ↑ "CEA Ohio "Columbus Education Association Master Agreement 2022-2025," accessed October 31, 2024
    26. ↑ Ohio Legislature, "House Bill 8," accessed January 30, 2025
    27. ↑ 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
    28. ↑ Ohio Legislature, "House Bill 96," accessed July 2, 2025
    29. ↑ The Ohio Senate, Ohio Senate Passes Reynolds Education Bill," November 27, 2024
    30. ↑ NBC4 - Central Ohio News, "Senate Bill 168 takes effect: what it means for Ohio schools," November 27, 2024
    31. ↑ PR Newswire, "Ohio Approves the Being a Reader Program for High-Quality Core Curriculum and Instructional Materials (K-3)," April 18, 2024
    32. ↑ Collaborative Classroom, "About Us," accessed May 3, 2024
    33. ↑ Ohio Capital Journal, "Science of reading enacted in Ohio’s new budget," December 6, 2023.
    34. ↑ Reading Recovery Community, "Reading Recovery Council of North America files lawsuit against Ohio Gov. Mike DeWine," December 6, 2023.
    35. ↑ Ohio Capital Journal, "Reading Recovery lawsuit trying to prevent science of reading implementation in Ohio schools," December 6, 2023.
    36. ↑ The Ohio Legislature, "House Bill 33," December 6, 2023.
    37. ↑ NBC 24 WNWO, “Toledo Public Schools passes resolution opposing state board regarding LGBTQ+ identities,” October 10, 2022
    38. ↑ 13abc, “TPS takes a stand against State BOE resolution, stating Title IX invalidation,” October 10, 2022
    39. ↑ HB 616, accessed April 21, 2022
    40. ↑ Fox 8, "HB 616 proposes ban on critical race theory, sexual orientation and gender identity in class," April 5, 2022
    41. ↑ Axios, "GOP lawmakers introduce "Don't Say Gay" bill in Ohio," April 6, 2022
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