Ohio Senate Bill No. 1 – Advance Ohio Higher Education Act
Subject: Analysis of Key Provisions of SB1 Relating to Higher Education in Ohio
Summary:
Ohio Senate Bill No. 1 (SB1) proposes significant changes to the operation of state institutions of higher education in Ohio. It addresses areas such as board of trustee governance, transparency through syllabus publication, intellectual diversity, faculty workload and evaluations, tenure, and relationships with foreign entities. A major theme throughout the bill is a move toward greater accountability, transparency, and standardization across Ohio’s public universities. The bill also seeks to address concerns about ideological conformity and promote intellectual diversity on campuses.
Key Themes and Provisions:
- Governance and Board of Trustee Structure:
- Term Lengths: SB1 changes the terms of office for university trustees appointed on or after July 1, 2025, reducing them from nine years to six years, with some exceptions. For example, “For trustees appointed on or after July 1, 2025, except for the terms of student members, terms of office shall be for six years.”
- Student Trustees: The bill addresses the role and voting power of student trustees on university boards. Student members generally have no voting power.
- Board Responsibilities: The bill outlines numerous responsibilities for the board of trustees, including areas such as creating institution-wide rules, overseeing business operations, fixing student fees, overseeing construction and maintenance, workforce planning, institutional advancement, student welfare, current and future issues in higher education, and compliance with anti-discrimination laws. This includes a review of student debt trends.
- The bill allows, but does not require, student members of the board to have voting power. The board can adopt a resolution to grant voting power to the student members. “(1) Grants the student members of the board voting power on the board. If so granted, in addition to having voting power, the student members shall be considered as members of the board in determining whether a quorum is present and shall be entitled to attend executive sessions of the board.”
- Transparency and Course Syllabi:
- Publicly Accessible Syllabi: SB1 mandates that state institutions of higher education make course syllabi publicly accessible on their websites. The bill defines what must be included in a course syllabus, including the instructor’s name, a course calendar, required/recommended readings, and the instructor’s professional qualifications.
- Accessibility Requirements: Syllabi must be easily accessible (within three clicks from the main page), searchable, and available without requiring user registration.
- Retention Period: Syllabi must remain posted for at least two years after they were first posted.
- Intellectual Diversity and Freedom of Expression:
- Declarations of Principles: SB1 requires state institutions to make public declarations affirming commitments to free intellectual inquiry, equipping students with skills to reach informed conclusions, and not discriminating based on ideology or political stance. For example, “The institution declares that it will educate students by means of free, open, and rigorous intellectual inquiry to seek the truth.”
- Prohibition of Ideological Tests: The bill prohibits institutions from requiring students, faculty, or administrators to endorse or express specific ideologies or political views to obtain a degree or employment.
- Restrictions on DEI Initiatives: The bill places restrictions on diversity, equity, and inclusion (DEI) initiatives, prohibiting mandatory DEI training that promotes divisive concepts, and prohibiting replacing DEI positions with positions that serve the same purposes under a different designation.
- Faculty Workload and Evaluation:
- Workload Standards: The chancellor of higher education, in conjunction with state universities, is required to develop standards for instructional workloads for faculty, emphasizing the undergraduate learning experience.
- Faculty Evaluation Policies: The boards of trustees of each state institution of higher education must adopt a faculty annual performance evaluation policy and submit the policy to the chancellor of higher education. Student evaluations, using standard questions developed by the chancellor, must account for at least 25% of the teaching component of the evaluation.
- The bill establishes categories to be included in the faculty evaluations, such as teaching, research, service, clinical care, administration, and other categories as determined by the institution.
- The bill outlines how evaluations will be conducted, reviewed, and approved.
- Tenure and Retrenchment:
- Tenure and Retrenchment Policies: State institutions with tenured faculty must develop policies on tenure and retrenchment, subject to review by the chancellor.
- Undergraduate Degree Program Elimination: A state institution shall eliminate any undergraduate degree program if the institution confers an average of fewer than five degrees in that program annually over any three-year period, unless a waiver is granted by the chancellor.
- Relationships with Foreign Entities:
- Restrictions on Gifts from China: SB1 prohibits state institutions of higher education from accepting gifts, donations, or contributions from the People’s Republic of China or any organization suspected of acting on its behalf.
- Due Diligence and Safeguards: Institutions are required to implement safeguards to prevent the transfer of sensitive research or data to foreign entities that pose a threat to national security.
- The bill mandates that the auditor of state audit the safeguards implemented by the state institutions.
- American History and Government Course:
- Required Course Content: SB1 mandates a specific course on American history and government, with a prescribed curriculum including the Constitution, Declaration of Independence, Federalist Papers, Emancipation Proclamation, Gettysburg Address, Letter from Birmingham Jail, and the writings of Adam Smith.
- Mandatory Final Exam: Students taking the course must pass a cumulative final examination on the prescribed documents.
- Prohibition of Divisive Concepts:
- Banned Concepts: SB1 prohibits state institutions from requiring or incentivizing instruction that promotes specific “divisive concepts” related to race and sex. These include the idea that one race or sex is inherently superior, that individuals are inherently racist or sexist, or that individuals should feel guilt or anguish based on their race or sex.
- Collective Bargaining:
- Final Offer Settlement: The bill includes provisions regarding collective bargaining and final offer settlement procedures for certain public employees.
- Right to Strike: The bill states that full-time faculty members of any state institution of higher education are prohibited from striking.
Potential Impacts:
- Increased Transparency: The syllabus mandate aims to provide students and the public with more information about course content and instructor qualifications.
- Shift in Campus Culture: The intellectual diversity provisions could lead to changes in campus policies and training programs related to diversity and inclusion.
- Standardization of Faculty Evaluation: The faculty workload and evaluation changes aim to promote accountability and improve teaching quality.
- Protection of Intellectual Property: The restrictions on relationships with foreign entities seek to safeguard research and data from potential threats.
- Curriculum Changes: The required American history and government course will impact curriculum requirements at state institutions.
Next Steps:
- Monitor the bill’s progress through the Ohio General Assembly.
- Analyze amendments to the bill as they are proposed.
- Assess the potential impact of the bill’s provisions on specific state institutions of higher education.
This briefing document provides a high-level overview of the key provisions of SB1. A more detailed analysis may be required to fully understand the implications of this legislation.