CLEVELAND — Lawmakers on Monday introduced House Bill 616 in the Ohio General Assembly. If passed, it could influence the way teachers speak about and teach topics surrounding sexual orientation, gender identity, and race.
Reps. Jean Schmidt (R-Loveland) and Mike Loychik (R-Bazetta) are behind the proposal. The bill includes the following specification regarding "divisive or inherently racist concepts":
"(B)(1) No school district, community school established under Chapter 3314. of the Revised Code, STEM school established under Chapter 3326. of the Revised Code, or nonpublic school that enrolls students who are participating in a state scholarship program shall do any of the following: (a) Teach, use, or provide for use by any student any curriculum, instructional material, or assignment designed to promote or endorse divisive or inherently racist concepts; (b) Offer training or professional development to employees that promote or endorse divisive or inherently racist concepts."
Additionally, the text details restrictions regarding the teaching of topics surrounding sexual orientation and gender identity.
"No school district, community school, STEM school, nonpublic school that enrolls students who are participating in a state scholarship program, or any employee or other third party representing a school district or school shall do either of the following: (a) With respect to a student in any of grades kindergarten through three, teach, use, or provide any curriculum or instructional materials on sexual orientation or gender identity; (b) With respect to a student in any of grades four through twelve, teach, use, or provide any curriculum or instructional materials on sexual orientation or gender identity in any manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards."
Some say the bill is reminiscent of a Florida bill dubbed by opponents as the "Don’t Say Gay" law, combined with anti-critical race theory laws. Jonathan Entin, a law professor at Case Western Reserve University, claims a small part of HB616 is like its Florida predecessor.
"It prohibits discussion of gender identity and sexual orientation in the primary grades and puts restrictions on how those subjects can be addressed in higher grades," Entin said. "But most of the provisions of HB616 prohibit the teaching of divisive concepts, which primarily are those that deal with racial and diversity issues."
Entin also pointed out the consequences that educators and districts may face should they not follow the bill, if passed. He says the potential loss of a teaching license or loss of state aid for schools could be considerations for educators.
"If this bill were to pass, I would expect a lot of teachers and school districts would be quite concerned about what they are allowed to do under this law," he explained. "They might simply avoid touching in important issues that are part of the curriculum as it is developed over the years in many places."
The bill states that district boards "shall not select any textbook, instructional material, or academic curriculum that promotes any divisive or inherently racist concept," including things like critical race theory; diversity, equity, and inclusion learning outcomes; and the 1619 Project, among other specifications.
Entin anticipates that the bill could have an impact on teachers whether it passes or not.
"It is extremely frustrating and disturbing for educators," Shari Obrenski, president of the Cleveland Teacher's Union, said. "We are in a situation now — particularly in this still pandemic world that we're living in — where we as teachers, one of our primary responsibilities is to form strong and supportive relationships with our students, with their families, and legislation like this would make it more difficult for us to do that."
Obrenski gave the example of a student who has same-sex parents in grades K-3. She said that teacher would not be able to discuss anything with that child about their family.
"This isn't like we have a section of the textbook that says, 'How we're going to indoctrinate children into being gay.' It's absurd," she told 3News. "This is really more about this appealing to the lowest common denominator and playing politics with our schools instead of, again, addressing real problems that we have in public education and real problems that we have in our state."
According to Obrensku, those problems include the possibility of an impending teacher shortage. She also says she found some language in the bill to be "vague," something Gulnar Feerasta, senior director of programs at the LGBT Community Center of Greater Cleveland, also noticed.
"Some of the language in this bill is sort of going down a slippery slope," Feerasta said. "They're talking about grades 4-12 and it being developmentally appropriate curriculum that’s being taught, but they don't define what that means.”
Feerasta shared concerns about legislation like this sparking fear in young, already marginalized communities.
"There is no justifiable reason for this measure," she declared. "It's literally rooted in a false belief that discussion about identity — who you are, your gender, your orientation — talking about these topics is somehow going to endanger young people."
3News reached out to both representatives who introduced the bill, but did not hear back.