What is the Ohio “Parents’ Bill of Rights,” and How Should Divorcing Parents Prepare for It?

Ohio Parents’ Bill of Rights and Divorce: What Separating Parents Need to Know

Governor Mike DeWine signed Ohio House Bill 8 into law, also known as the Ohio Parents’ Bill of Rights, which has implications for divorce and co-parenting. Bill 8 requires public schools to establish policies on parental notification on student health and well-being, Instructional materials with sexuality content, and policies for released time courses in religious instruction. The law goes into effect on April 9, 2025, but the school districts will have until July1, 2025, to implement these policies. Click hereto read the new law.

The schools will have to defer to parents in decisions concerning their child’s upbringing. Access to educational and health records shall be available to parents, and the school will notify parents of any change in health aspects of the child’s life including the student’s gender identity, school officials are not allowed to encourage a child to withhold this information from parents. Parents will also be provided the opportunity to review any “sexuality content” before instruction and given the ability to withdraw student from that lesson, Kindergarten through 3rd grade shall prohibit any sexuality content. Finally, the schools will adopt a religious release time policy that allows students to leave the school and earn high school credit for religious instruction.

The Ohio Parents’ Bill of Rights and Divorce: Key Considerations for Uncoupled Parents

Parental Notification Responsibilities: Under the Ohio Parents’ Bill of Rights and Divorce considerations, both parents should agree on how school notifications will be shared. If a school informs one parent about health or well-being concern, the parenting plan should clarify that that this information must be promptly communicated to the other parent.

Access to Educational Records: Under the Ohio Parents’ Bill of Rights and Divorce implications, Ohio law already grants both parents access to school records unless restricted by the court.The Parents’ Bill of Rights strengthens this access, parenting plans should reinforce each parent’s right to review health, disciplinary, and educational information.

Decision-Making Authority: If one parent is designated as the primary decision-maker for health or education, the plan should specify how the other parent will remain informed, especially regarding sensitive topics addressed under the new law.

Communication with the School: Parenting plans should establish how both parents will engage with school personnel to ensure compliance with this provision. This is especially important that school are now prohibited from keeping information about child’s health from parents.

Conclusion

The introduction of Ohio House Bill 8, also known as the Ohio Parents’ Bill of Rights, reinforces the importance of clear communication and mutual decision-making, particularly in the context of divorce. This law will likely not fundamentally change how dissolutions with children are settled but it will require parents to work together. Addressing these new issues upfront and proactively will help prevent misunderstandings and ensure that all parties rights are upheld.

If you have already created a shared parenting plan or are currently proceeding with a dissolution consulting with attorney to change or prepare for the new rules may be helpful. Again, preparation may avoid situations were rights feel violated and create a more cooperative parenting.

PUBLISHER’S NOTE:

I want to thank Tucker Smith for assisting us in writing this blog. Tucker is a second-year student at the University of Dayton School of Law. He is clerking with MuesLaw this semester. Well done Tucker!

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