The Ohio High School Athletic Association recently updated its member schools on several legislative issues that have developed or are in discussion within the Ohio General Assembly and their implications for schools and interscholastic athletics.
Included in recent legislative action are name, image and likeness, transgender student-athlete participation, freedom of religious expression, a proposal for extra semesters of athletic eligibility and increased consequence for an assault on a sports official.
Name, Iimage and likeness–Impact on member schools? No
Summary: Within House Bill 110 (the budget bill), language was added ito allow college athletes to earn compensation as a result of the use of the student’s name, image, or likeness.
This has no impact on students participating in interscholastic athletics at the high school level, therefore the OHSAA amateurism bylaw is still in effect, but is being reviewed for potential modifications.
OHSAA student-athletes are permitted to receive awards/prizes which do not exceed $400 in value if the award is a direct result from participation in their sport. However, OHSAA student-athletes are not permitted to hire an agent or receive money/cash prizes for participation in a sport. They also are not permitted to capitalize on their athletic fame by receiving money, merchandise or services of value based on notoriety they achieve as an athlete.
•Transgender athlete participation–Impact on member schools? No, but possibly forthcoming
Summary: The OHSAA transgender policy currently requires one year of hormone treatment prior to a transgender female being permitted to participate on a girls team.
There are currently two bills, House Bill 61 and Senate Bill 132, which would prevent any participation of transgender females on female athletic teams. Both are currently in committee and another hearing is expected to take place for HB 61 in the fall.
The current OHSAA transgender policy is posted at ohsaaweb.blob.core.windows.net/files/Eligibility/Other EligibiltyDocs/Transgender Policy.pdf.
•Extra semester(s) of high school athletic eligibility–Impact on member schools? No
Summary: There are currently two bills, House Bill 316 and Senate Bill 200, which would look to extend a student-athlete’s eligibility at the high school level past the traditional eight semesters as a result of covid-related educational issues.
Both are currently in committee but do not appear to be moving at a rate which would impact any student for 2021- 22. Unless informed otherwise, member schools should follow the guidance and applicable exceptions in Bylaw 4-3-3, which limits a student to eight semesters of athletic participation taken in order of attendance regardless of whether or not the student participates.
•Increase penalties for assault on a sports official–Impact on member schools? No, but likely forthcoming
Summary: House Bill 44, if passed, would increase an individual’s assault penalty if the victim is a sports official and the assault is committed during or immediately before or after a sports event, or in retaliation for the official’s actions as a sports official.
It would increase the penalty for assault to a fifth-degree felony and require a mandatory fine and community service for the misdemeanor offense of “assault.” This should have minimal impact on schools, but administrators should be aware of it as they assist officials in navigating confrontational situations.
Student religious expression in extracurricular activities–Impact on member schools? Likely
Summary: OHSAA bylaws and sport regulations are currently in compliance with Senate Bill 181, but the proposal, if passed, would prevent schools or an association from adopting a rule, bylaw, or other regulation that prohibits or creates any obstruction to wearing religious apparel when competing or participating in interscholastic athletics or extracurricular activities, including requirements that participants obtain advanced approval, written waivers or any other permission.
Any person/entity who would violate this section would be subject to a civil action for damages, injunctive relief or any other appropriate relief. This bill passed through the Senate with almost unanimous support and is now in the House primary and secondary education committee for vetting.
•Delay in ODE background checks for pupil activity licenses–Impact on member schools? Yes, immediate
Summary: This update is not new legislation. The OHSAA has been notified of messages going to school administrators alerting them of “potential delays associated with criminal background checks that are causing subsequent delays in the Ohio Department of Education’s ability to issue and renew certain professional licenses including teaching and pupil activity licenses.”
If a school has a coach who is going through the renewal process and has experienced a delay in certification, the Ohio Revised Code will permit the school to allow renewing coaches who have completed all required applications/registrations to continue coaching even if they are awaiting a ruling from the agency.
The law does not apply to coaches applying for initial certification.
