Bill allowing indefinite school expulsions for hitlists, threats passes Statehouse

COLUMBUS, Ohio (WCMH) – A bill allowing schools to expel a student indefinitely for threatening behavior, including writing a hitlist or bringing a gun to class, is heading to Gov. Mike DeWine's desk after passing the Statehouse on Wednesday. 

Under current Ohio law, public school students can be expelled for up to 80 days for behavioral issues, and up to 180 days – or one school year – for bringing a gun or knife to school, making a bomb threat or causing serious physical harm to another person. Students aged 16 years or older can be permanently expelled only if they are convicted in court of a serious criminal offense, according to the nonprofit Ohio Legal Help.

House Bill 206, sponsored by Reps. Gary Click (R-Vickery) and Monica Robb Blasdel (R-Columbiana), will give schools flexibility to extend expulsions past 180 days when a student poses a “imminent and severe endangerment” to others' safety. 

This includes bringing a firearm or knife to school, making a bomb threat, causing serious physical harm to someone at school, making a hitlist, creating a threatening manifesto and sharing a menacing post on social media. 

“Mental health is an issue and there's no time like the present to take care of it,” Click said. “So many times when there's a tragedy, what's the first question people ask? They say ‘Why didn't you see the warning signs? Why didn't you do something?’ Reality is that we're not always permitted to do something.”

Under the bill, after 180 days, a student’s expulsion can be extended for 90 days at a time, with no limit on how many extensions are allowed. 

In order to be reinstated, the student will be required to undergo a psychological evaluation by a psychiatrist, who is agreed upon by the superintendent and the student’s parent or guardian. If the psychiatrist is not employed or contracted by the district, the cost of the assessment will be referred to the student’s health insurance. Any costs not covered by health insurance will be paid for by the district.

After a period of expulsion has been completed, the superintendent, along with a “multidisciplinary team” they select, will decide whether to reinstate the student. In order to make a decision, the school officials will determine if the student has shown “sufficient rehabilitation,” while taking the psychological assessment into consideration.

The legislation will require the superintendent to come up with a list of alternative educational options for the expelled student. They will also be permitted to reinstate the student before the expulsion period is up if they feel they no longer pose a threat. 

During testimony, multiple groups contested the bill, including The Juvenile Justice Coalition. The nonprofit claimed that “exclusionary" discipline policies actually result in higher rates of misbehavior, and that such policies lead to educational setbacks, an increased risk of dropping out and involvement with the juvenile justice system. The American Civil Liberties Union (ACLU) of Ohio expressed concern the legislation gives too much power to the superintendent. 

Ryan Davis, an education attorney in Dayton, also fought against the bill, citing concerns about how it could disproportionately affect certain racial and socioeconomic groups. 

“In Ohio, exclusionary disciplinary practices in our schools are already disproportionally impacting black, low-income, and disabled students,” Davis said in written testimony. “The Children’s Defense Fund’s 2024 State of School Discipline in Ohio found that black female students are six times more likely than white female students to be suspended or expelled, and the trends are similarly staggering for black male students, disabled students, and low-income students.”

Click said the multidisciplinary board will help balance power and prevent discrimination from happening. He claims he asked some opponent groups for specific language to include in the bill to help get them on board, but did not receive anything. 

“We've been as responsive as we can and if they want to participate, they have to take the initiative to say here is what would take care of these issues and keep students safe, and they failed to do that,” Click said. “The goal is not extra suspensions or longer suspensions, the goal is safety. … We don't want any students unfairly targeted or discriminated against in our schools, and if they have any solutions or additions in the future, my doors are open.”

The bill, first introduced in June 2023, was passed by the House on Dec. 4 with 68 votes for it and 15 votes against it. It passed the Senate 23-7 on Wednesday, and now awaits DeWine's signature for final approval.