HB 6: Advance Ohio Higher Education Act

Ohio House Bill 6

Subject: Amendments to Ohio Revised Code Regarding Higher Education Governance, Policies, and Practices

Summary:

The document comprises excerpts from Ohio House Bill 6, which proposes significant amendments to various sections of the Ohio Revised Code concerning the governance, policies, and practices of state institutions of higher education. The bill focuses on trustee appointments, transparency through syllabus publication, intellectual diversity, faculty workload and evaluation, tenure and retrenchment, restrictions on accepting funds from specific foreign entities, and limitations on diversity, equity, and inclusion (DEI) initiatives. It also addresses collective bargaining and dispute resolution for university employees.

Key Themes and Provisions:

1. University Governance and Board of Trustees:

• Appointment and Terms: The bill modifies the terms of office for university trustees appointed on or after July 1, 2025, changing them from nine years to six years, with the exception of student members. For example, regarding Ohio University’s trustees: “For trustees appointed on or after July 1, 2025, except for the terms of student members, terms of office shall be for six years, commencing on the fourteenth day of May and ending on the thirteenth day of May.” This change is consistently applied across numerous state universities (Ohio State, Ohio University, Miami University, Bowling Green, Kent State, Central State, Cleveland State, Northeast Ohio Medical University, Wright State, Youngstown State, University of Akron, University of Cincinnati, Shawnee State, and University of Toledo).
• Student Trustees: Each university board includes two student trustees. They are appointed by the governor with senate approval from a group of candidates selected by student governments and approved by the university board. Significantly, in many cases, student trustees have no voting power and are not entitled to attend executive sessions. However, in the case of Ohio State University, the board can adopt a resolution granting voting power to student members.
• Trustee Compensation: Trustees receive no compensation for their services, but are reimbursed for reasonable expenses.

1. Transparency and Access to Information (Course Syllabi):

• Online Publication: Requires state institutions of higher education to post course syllabi online. “Posting a course syllabus for each course on the institution’s publicly accessible web site.” The syllabus must be easily accessible (within three links from the main page), searchable, and available without registration.
• Syllabus Content: A “course syllabus” is defined to include the instructor’s name, a course calendar, required/recommended readings, and the instructor’s professional qualifications.
• Retention Period: Syllabi must remain posted for at least two years.
• Exemption: This requirement doesn’t apply to College Credit Plus courses taught in secondary schools by high school teachers.
• Administrator Designation: Each institution must designate an administrator to oversee these responsibilities.

1. Intellectual Diversity and Freedom of Expression:

• Commitment to Inquiry: Institutions must declare a commitment to free, open, and rigorous intellectual inquiry, and to equipping students with the skills to reach their own informed conclusions. “The institution declares that it will educate students by means of free, open, and rigorous intellectual inquiry to seek the truth.”
• Neutrality: Institutions cannot endorse or discourage specific ideologies, political stances, or social policies. “Affirm and declare that faculty and staff shall allow and encourage students to reach their own conclusions about all controversial beliefs or policies and shall not seek to indoctrinate any social, political, or religious point of view.”
• Protection of Beliefs: Students, faculty, and administrators cannot be required to endorse specific views to obtain a degree.

1. Restrictions on Diversity, Equity, and Inclusion (DEI) Initiatives:

• Prohibition: State institutions are prohibited from requiring students, faculty, or staff to attend training or express beliefs regarding specific divisive concepts.
• Divisive Concepts: The bill defines specific concepts related to race and sex that cannot be promoted, including the idea that one race or sex is inherently superior, that individuals are inherently racist/sexist, or that individuals should feel guilt or distress based on their race or sex. For example: “One race or sex is inherently superior to another race or sex,” and “An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex.”
• Compliance and Reporting: Institutions must report violations of these provisions and implement disciplinary sanctions. They must also respond to complaints regarding alleged violations.
• Guidelines by Chancellor: Each state institution of higher education shall comply with guidelines established by the chancellor of higher education when the institution adopts policies or issues reports under sections 3345.029, 3345.0217, 3345.0218, 3345.452, 3345.453, 3345.454, 3345.591, 3345.80, and 3345.88 of the Revised Code of the Revised Code.

1. Faculty Workload, Evaluation, Tenure, and Retrenchment:

• Workload Standards: The chancellor of higher education and state institutions must jointly develop standards for instructional workloads for faculty, with emphasis on undergraduate learning. Institutions must update their faculty workload policies every five years.
• Student Evaluations: The chancellor must develop a minimum set of standard questions for student evaluations of faculty members.
• Annual Performance Evaluations: Boards of trustees must adopt and update faculty annual performance evaluation policies, including an appeals process. Student evaluations must account for at least 25% of the teaching component of the evaluation.
• Tenure and Retrenchment: Institutions with tenured faculty must develop policies on tenure and retrenchment (program reduction leading to faculty separation).
• Program Elimination: Undergraduate degree programs with fewer than five degrees conferred annually over a three-year period must be eliminated, although the chancellor can grant waivers.

1. Restrictions on Foreign Funding (China):

• Prohibition: State institutions of higher education are prohibited from accepting gifts, donations, or contributions from the People’s Republic of China (PRC) or organizations suspected of acting on behalf of the PRC. “No state institution of higher education shall accept gifts, donations, or contributions from the People’s Republic of China or any organization the institution reasonably suspects is acting on behalf of the People’s Republic of China.”
• Auditing: The auditor of state will audit safeguards implemented by institutions to comply with this provision.

1. Required Coursework:

• American History and Government: Requires state institutions to offer a course including specified documents, such as the Constitution, Declaration of Independence, Federalist Papers, Emancipation Proclamation, Gettysburg Address, Letter from Birmingham Jail, and writings of Adam Smith.
• Final Exam: Students taking the course must pass a cumulative final examination on these documents.

1. Collective Bargaining and Dispute Resolution:

• Alternative Dispute Resolution: The law outlines procedures for alternative dispute resolution, including arbitration and fact-finding, in collective bargaining situations.
• Restrictions on Strikes: Certain public employees (police, fire, highway patrol, etc.), including full-time faculty, are prohibited from striking. Instead, disputes are submitted to a final offer settlement procedure with a conciliator.

Potential Implications:

• Shift in University Governance: The changes to trustee terms could lead to more frequent turnover and potentially alter the composition and priorities of university boards.
• Increased Transparency: The syllabus publication requirement aims to increase transparency and provide students with more information about courses before enrollment.
• Impact on DEI Initiatives: The restrictions on DEI training and activities could significantly impact diversity and inclusion efforts on college campuses.
• Faculty Evaluation and Program Review: The focus on faculty workload, performance evaluations, and program elimination may lead to changes in faculty roles and responsibilities and the academic programs offered.
• Research Funding: Restrictions on accepting funds from China could impact research collaborations and funding opportunities.

Further Research:

• Monitor the legislative process of HB6 to track any amendments or changes.
• Analyze the potential impact of the bill on specific state institutions of higher education.
• Examine the legal and constitutional implications of the restrictions on DEI initiatives.

This briefing document provides a concise overview of the key provisions of the provided excerpts from Ohio House Bill 6. Further research and analysis are recommended to fully understand the potential impact of this legislation on higher education in Ohio.