New Ohio Law Permits Indefinite Expulsions for Threatening Student Behavior

COLUMBUS, Ohio — A law signed by Gov. Mike DeWine on Jan. 8 will allow Ohio schools to indefinitely expel students for severe threatening behavior, including bringing weapons to school or creating hitlists. House Bill 206, sponsored by state Reps. Gary Click (R-Vickery) and Monica Robb Blasdel (R-Columbiana), grants superintendents the authority to extend expulsions beyond the previously capped 180 days in 90-day increments if students are deemed a continued threat.

"Parents are entrusting schools to protect their children while they are away from the home," Click said in a statement. "These situations can be complex, so this legislation allows school administrators to use their discretion to address the need that works best for their community."

The law, effective April 9, responds to increasing concerns about maintaining safety in schools following incidents of extreme student misconduct. It allows school officials to expel students who bring firearms or knives to school, make bomb threats, or share menacing social media posts. It also requires superintendents to outline specific conditions for reinstatement, including mandatory psychological evaluations conducted by psychiatrists.

Critics, however, have raised concerns about potential abuse of the law and its long-term impact on vulnerable student populations. Stephanie Moes, managing attorney with the Legal Aid Society of Southwest Ohio, testified that the measure could disproportionately harm students with disabilities, mental health issues, or those from marginalized communities.

"H.B. 206 would also have devastating implications on the promise of educational opportunity and success for our children with disabilities," Moes stated in written testimony. "It has the real potential to increase mental health problems for children subjected to its lengthy, potentially indefinite, expulsion process."

Under the previous law, expulsions were capped at 80 days for general behavioral issues and 180 days for serious offenses like bringing a weapon to school or causing physical harm. The new legislation requires schools to create alternative educational plans for expelled students within 10 to 15 days, depending on whether the student has an individual education plan (IEP). However, legal advocates, including Renee Murphy of Advocates for Basic Legal Equality, Inc., expressed concern over a lack of clarity about what these plans entail.

"There are no parameters around how long the expulsion could go on," Murphy said. "A student could be excluded from school from kindergarten to graduation, leaving many without proper education or support."

Shannon Cox, superintendent of the Montgomery County Educational Services Center, noted the law’s focus on balancing safety with continued educational access. "The updated law ensures that the student isn’t thrown back into a school community without a reunification process," Cox said. She emphasized that keeping students home without educational resources constitutes exclusionary practice, which the new law seeks to mitigate.

The legislation also mandates the involvement of a multidisciplinary team in deciding whether a student has shown sufficient rehabilitation to return. Proponents argue this approach ensures balanced decision-making and accountability, while opponents worry it places excessive authority in the hands of superintendents.

The bill passed with bipartisan support in the Ohio House (68-15) and Senate (23-7) before being signed by the governor. As the law's implementation approaches, debates continue over its potential impact on school safety and student rights.