The Ohio Senate on Wednesday passed a far-reaching higher education bill that would ban the state’s public institutions from having diversity, equity and inclusion offices or taking positions on “controversial” topics.
The bill, known as SB 1, would also establish post-tenure reviews, ban strikes by full-time faculty, and require colleges to publish a syllabus with the instructor’s professional qualifications and contact information for every class.
Colleges that fail to comply could lose or see reduced state funding.
The state Senate advanced the legislation in a 21-11 vote largely along party lines — all nine Democrats opposed it, as did two Republicans. The vote came just a day after hundreds of critics spoke out against the proposal during an hourslong hearing Tuesday.
The second life of SB 83
Ohio is one of several conservative-controlled states looking to more tightly control their public colleges. But SB 1 is notable for how much it would overhaul the state’s public higher education, including aspects that have traditionally been left to college leaders’ discretion.
For example, colleges would be unable to make institutional statements on any topic the bill deems politically controversial, such as “climate policies, electoral politics, foreign policy, diversity, equity, and inclusion programs, immigration policy, marriage, or abortion.”
The bill would create a mandatory U.S. history college course with prescribed readings, like the U.S. Constitution and at least five essays from the Federalist Papers.
The state Senate advanced a similar 2023 bill, SB 83, from the same lawmaker, Republican state Sen. Jerry Cirino. Even though Republicans controlled both chambers of the Legislature and the governor’s mansion in Ohio, the legislation never made it to a vote in the House.
But times have changed. Matt Huffman, the previous Senate president and a strong supporter of the bill, is now the speaker of the House. Gov. Mike DeWine told local news outlets he was likely to sign the bill, pending a final review, should it make it to his desk.
SB 1 also goes further than its predecessor. The new bill would ban DEI offices and scholarships altogether, while the previous version only sought to prohibit mandatory DEI trainings and offered exemptions. And SB 1 includes a ban on full-time faculty strikes — a provision that was removed from SB 83 in an effort to assuage labor unions and win House approval.
Faculty reactions
Faculty groups and free speech advocates have opposed SB 1 just as they did SB 83. They argue it would chill free speech, hurt recruitment and retention of both students and faculty, and interfere with academic freedom.
The bill calls for colleges to “ensure the fullest degree of intellectual diversity” on campus and cultivate divergent and varied perspectives on public policy issues, including during classroom discussion.
“Nothing in this section prohibits faculty or students from classroom instruction, discussion, or debate, so long as faculty members allow students to express intellectual diversity,” the bill says.
The American Civil Liberties Union of Ohio lambasted the “intellectual diversity” requirements in a statement Tuesday.
“At best, this language is the micromanaging of individual courses and instructors by the General Assembly,” said Gary Daniels, the group’s chief lobbyist. At worst, he said, it will require all sides of every issue to be evenly presented by instructors, “ignoring their First Amendment right to academic freedom.”
Cirino sought to cut off some of those criticisms when he reintroduced the bill as the first measure of Ohio’s new legislative session, which started Jan. 6.
“Senate Bill 1 not only does NOT limit speech or academic freedom, it actually enhances both, but with a requirement that diversity of thought be promoted,” said a Jan. 22 press release from the state Senate.
A representative for the Ohio Conference of the American Association of University Professors spoke out against the proposal in written testimony ahead of the Senate higher education committee’s public hearing Tuesday on the bill. In total, more than 800 people objected to the measure via written testimony.
To grow our economy and keep our system of higher education strong, Ohio must do all it can to attract and retain qualified and committed faculty in all academic disciplines. Senate Bill 1 would instead send an unmistakable message to talented individuals looking to advance their careers in Ohio: go somewhere else.
Jeff Wensing
Vice president of the Ohio Education Association
David Jackson, a professor of Bowling Green State University and president of its AAUP faculty chapter, said Ohio-AAUP had submitted a list of suggested amendments — including removing the strike ban — to the committee in early February. He urged lawmakers to work with educators rather than pass the bill wholesale.
“While we disagree with many of the premises that underlie SB 1, we can still be partners to ensure that the foundational principles of our association are not undermined and that Ohio’s public system of higher education can thrive in the years ahead,” Jackson wrote in his testimony.
Other opponents included the Ohio Education Association, Undergraduate Student Governments of Ohio and the American Historical Association, as well as students and faculty in the state.
“To grow our economy and keep our system of higher education strong, Ohio must do all it can to attract and retain qualified and committed faculty in all academic disciplines,” Jeff Wensing, vice president of the Ohio Education Association, said in written testimony. “Senate Bill 1 would instead send an unmistakable message to talented individuals looking to advance their careers in Ohio: go somewhere else.”
Fourteen witnesses from groups like the National Association of Scholars, a conservative education advocacy group, submitted testimony supporting the bill in late January. They praised provisions such as eliminating DEI and requiring the history course.
DEI at Ohio State
Wednesday’s Senate vote on the bill came quickly — the same day it was advanced by the chamber’s higher education committee.
Ohio State University is also undergoing an evaluation of its roles and DEI work, according to a joint statement from university leadership issued the day of the Senate vote.
The review is intended to allow the institution to “make changes if state or federal law requires it or if we decide a different approach is in the university’s best interests.”
“We believe it’s appropriate to be proactive given the policy discussions happening around us,” the statement said. “Changes are almost certainly on the horizon, and the best way to manage change is to be prepared. The proactive steps we are taking now will best position us to continue our work uninterrupted in ensuring that students, faculty and staff of all backgrounds can be successful at Ohio State.”