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CPS lawyers outline required "Parents' Bill of Rights" changes; policy draft mirrors statute with exceptions for privacy and health laws
Summary
Cincinnati Public Schools legal staff told the Policy & Equity Committee they have drafted a parents' bill of rights policy that largely copies statutory language and includes required complaint and appeals processes, while preserving exceptions for FERPA, HIPAA and existing mental-health consent laws.
Cincinnati Public Schools legal staff told the Policy & Equity Committee on April 25 that the district has drafted a policy to comply with the recently enacted "parents' bill of rights" (House Bill 8) and will circulate that draft to the committee and full board before a July 1 deadline.
Why it matters: The statute requires new procedures on parental notification for certain instructional materials and for "substantial changes" in a student's status; it also restricts DEI programming and adds an appeals process. The policy committee discussed how the statutory requirements intersect with existing student-privacy protections.
What the policy draft covers
- The draft incorporates statutory definitions and provisions that, among other things, (a) restrict the delivery of sexually explicit content to early grades and require parent notice and opt-out for higher grades; (b) require parental authorization for health services provided to students; and (c) require parental notification of "substantial changes" in a student's academic performance, health, or well-being.
- Staff emphasized that several statutory exceptions remain in force: federal and state privacy laws including FERPA and HIPAA; court-ordered or legally required confidentiality; and an existing Ohio statute (Section 5122.04) that permits a minor to receive limited outpatient mental-health services without parental consent for up to six sessions or 30 days. The draft retains an appeals process required by the new law.
Committee concerns and process
Board members asked whether typical health-education practices already address the statute's notice requirements and whether exceptions will allow counselors to protect student safety in situations where disclosure could harm the child. General counsel Diane Huang (on the record) and Assistant General Counsel Stephanie Scott said much current practice lines up with statutory requirements — for example, health clinics and counselors already obtain parent authorization when appropriate — but that the draft clarifies district procedures and the appeals mechanism.
Legal staff recommended the committee circulate the draft to the full board for review; the policy must be adopted by July 1 under the statute.
Ending
The policy committee asked staff to distribute the draft to board members and agreed to place the item on the committee agenda for further review. No formal board action was taken at the meeting.
