Demand HB8 Ohio Parents Bill of Rights in Education in 2024!
Contact Senate Education Committee Today!
The Ohio Senate Education Committee held the second hearing for HB8 Parents Bill of Rights in Education on December 12th, 2024. Tentatively scheduled was a third hearing where the committee could have passed HB8 out of committee, instead the third hearing was not held and HB8 now sits in the Ohio Senate Education Committee.
Representative DJ Swearingen introduced the, "Parents Bill of Rights in Education" after an interaction we had at an event where he was speaking. At that event I asked Representative Swearingen, "Do schools have, In Loco Parentis?", he looked puzzled and he responded, "absolutely not". I then explained an incident where a school in his House district, Vermilion Local School District, used "in loco parentis" against a parent. A middle school principal used "in loco parentis" as a reason she did not contact a guardian when requested by a child, before interrogating child.
The legal term "in loco parentis" is defined in the Ohio Revised Code, Administrative Rule 5101:2-16-01:
(Q) "In loco parentis" means an adult who is the caretaker of a child, including a relative, foster parent or stepparent, who is charged with the rights, duties and responsibilities of a parent and whose presence in the home is needed to perform these rights, duties and responsibilities.
I expressed to Representative Swearingen parents have no recourse besides suing school districts for violating the 14th Amendment (due process rights) in order to advocate for their unalienable right to make decisions concerning the upbringing, education, and care of their child.
A few months later Representative Swearingen introduced HB722 in the 134th General Assembly on November 22nd, 2023. He would later reintroduce the bill in the 135th General Assembly as a priority bill, House Bill 8 on February 15th, 2023.
House Bill 8 the "Parents Bill of Rights in Education" is a simple bill maintaining that, "parents have a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child". The bill states:
Any sexuality content is age appropriate and developmentally appropriate.
Provide parents with a notice about instructional materials that include sexuality content and an opportunity to request alternative instruction.
Notify parents about school provided healthcare services and the option to withhold consent or decline any specified service.
Notify parents about changes to health services or monitoring provided to their children by their school related to the students mental, emotional, or physical well being, or the schools ability to provide a safe learning environment.
Prohibit school personnel from encouraging a student to withhold from a parent information concerning the student's health or well being, unless that disclosure would result in abuse, abandonment, or neglect; and
Establish a process under which the district or school must resolve written concerns submitted by parents about topics addressed in the bill.
The Ohio House of Representatives passed House Bill 8 on June 21st, 2023. Representative Swearingen gave Sponsor Testimony on December 5th, 2023 to the Ohio Senate Education Committee.
Members of the committee first addressed concerns regarding protecting children at risk for abuse, abandonment, and neglect. Representative Carruthers and Representative Swearingen made it clear that teachers, social workers, and psychologists are court ordered mandated reporters and they included language in this bill stating, "Prohibit school personnel from encouraging a student to withhold from a parent information concerning the student's health or well being, unless that disclosure would result in abuse, abandonment, or neglect".
A second concern of the Education Senate Committee was regarding defining age appropriate material, they suggest clearly defining language which was later adopted via an Amendment which then clearly defined developmental and age appropriate material.
The last question for Representative Swearingen was addressed by Education Chair Senator Brenner asking what recourse this bill offers to those whose rights have been violated by their school. Representative Swearingen explains the parent would write a letter to the school, if not addressed by the school the local school board would be required to have a meeting with the parent to discuss violations, but admitted this is more of a political tool that may be used. If local education boards violate rights under this bill they possibly can lose their next election and be replaced, but that our local boards of education are still under local control, governed by their own rules.
As expected on December 12th, 2023 special interest groups lined up to give opponent testimony in front of Ohio Senate Education Committee, some of these organizations are:
Kaleidoscope Youth Center: Mallory Golski, Amanda Erickson, Savannah Carlstrom Page, and Erin Upchurch
ACLU of Ohio : Gary Daniels
Carve Your Own Path: Amanda Kostura
Columbus Board of Education: Jennifer Adair, Tina Pierce, Eric Brown
Ohio School Counselor Association: Heather Fairs
National Association of Social Workers: Liam Strausbaugh
Ohio Education Association: Scott DiMauro
The consensus from those opposed to HB8 was children should retain privacy, the school staff should decide when its appropriate for children to share life altering news to parents, parents have enough rights, this bill goes against the Ohio's education framework, and this bill puts youth at risk.
Senator Brenner commented after Mallory Golski with Kaleidoscope Youth Center stated teachers should be able to change a students name easily without informing parents:
The arguments given from opponents to HB8 should scare every Ohio parent. Who would of thought that one day we would even need a bill to say parents have a fundamental right to make decisions concerning the upbringing, health and education of our children? Who would of thought that one day the PUBLICLY funded school would think they have the right to withhold information from parents, from discipline actions to sexually explicit material and gender affirming care?
Ohio parents please stand up now! Contact the Ohio Education Senate Committee and urge them to schedule a hearing in the new year and get HB8 Parents Bill of Rights in Education passed.
Stay Focused Ohio....
