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Bill would protect freedom of speech in public schools
KEITH ARNOLD
Special to the Legal News
Published: July 14, 2023
A Nashport state lawmaker has introduced legislation to require Ohio public primary and secondary schools to adopt a policy setting certain performance expectations for teachers and staff, relating to the free exchange of ideas.
“America’s unique strength lies in our shared support of fundamental human values. Some of our most deeply held beliefs include individual freedom, self-determination in pursuit of happiness and equality under the law,” Republican Rep. Adam Holmes said this week. “In support of these values, the U.S. and Ohio constitutions specifically protect the freedom of speech so integral to American liberty. To remain consistent with these fundamental American values, Ohio’s K-12 public schools must be forums for open expression, new ideas and diverse opinions and experiences.”
Holmes devised House Bill 214 in response to concerns that school teachers, staff and students may face negative consequences for expressing certain political perspectives or failing to conform to specific ideological viewpoints, he said during a Primary and Secondary Education Committee hearing in the House of Representatives.
“More directly, concern is growing that employment, funding, promotion, certifications and classroom evaluations in Ohio’s public schools are increasingly tied to demonstrated support for specific ideologies and political opinions,” the lawmaker said.
Not only would the bill prohibit school districts from requiring employees, students or job applicants to support any particular ideologies or political movements, but it would prohibit districts from using support statements of specific ideologies or political movements as evaluation criteria for employees, students or job applicants, Holmes said.
According to analysis of HB 214 by the Ohio Legislative Service Commission, the bill explicitly does not prohibit, limit or restrict any of the following:
• A district’s or school’s authority to require a student or employee to comply with federal or state law or to take action against a student or employee for violation of federal or state law;
• An educator’s academic freedom;
• An educator’s ability to teach, research or write publications about specific beliefs, affiliations, ideals or principles concerning political movements, ideology or social action; or
• A district’s or school’s authority to consider an applicant for employment’s scholarship, teaching or subject matter expertise in the applicant’s given academic field.
“As the Ohio Department of Education states, the purpose of our public schools is to ensure every child is challenged to discover and learn, prepared to pursue a fulfilling post-high school path and empowered to become a resilient, lifelong learner who contributes to society,” Holmes said. “Our K-12 public schools are certainly places of learning, but they are also critical community centers and one of the few places in our current society where Ohio citizens of all backgrounds gather and work cooperatively to create community spirit and shared culture.”
The bill also would require each school district and school to make publicly available all policies, guidance and training materials used for students, educators and staff on all matters regarding specific beliefs, affiliations, ideals or principles concerning political movements, ideology or social action, analysis provided.
Holmes said a final provision of the bill would ensure that enforcement of the policy would occur at the local level.
“A robust commitment to the free exchange of ideas and expression of differing viewpoints is not only critical for a successful learning environment, but also consistent with American values of free speech and individual value,” he said. “Support of this bill will help us all to ensure our public schools remain protected speech environments where together we can build stronger children, stronger communities and a stronger Ohio.”
HB 214, which awaits further consideration by the committee, has garnered co-sponsor support of nine House members.
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