On April 1, Ohio House Republicans unveiled Substitute House Bill 96 (Sub. HB 96), which is their revised version of the state operating budget bill. The legislation makes appropriations for the next biennium: Fiscal Years 2026 and 2027. There are a number of financial and policy changes within this substitute budget bill that deviate from the governor’s executive budget. You can view the comparison document here.

In terms of funding, the governor had proposed flat appropriations for State Share of Instruction (SSI–the main funding stream from the state to public colleges and universities), but the new House version of the bill contains roughly 2% increases to SSI in each fiscal year.

It was reported in March that the Inter-University Council (IUC–the consortium of Ohio’s public university presidents) decided to remain silent on SB 1 in hopes that the legislature would be more inclined to increase SSI. However, there are legitimate questions as to whether this funding increase would even adequately cover SB 1 compliance costs. SB 1 includes over 100 new, unfunded mandates.

Sub. HB 96 would place a 3% cap on tuition increases. It also would require each state university to establish an accelerated 90-hour degree program that is aligned to an in-demand career area. SB 1 required the chancellor to study the feasibility of three-year degree programs, but this budget bill would jump to requiring them under certain circumstances.

The legislation also takes a swipe at shared governance, attempting to sideline faculty over matters that are typically within the faculty purview. The language states:

Grants the board of trustees of a state institution of higher education unilateral and ultimate authority to establish new academic programs, schools, colleges, institutes, departments, and centers at the institution.

Prohibits a board from delegating its authority to adopt a curricular approval process or to approve or reject academic programs.

Requires the board to adopt a curricular approval process for the establishment and modification of academic programs, curricula, courses, general education requirements, and degree programs. Requires that approval process to (1) grant the faculty senate, or a comparable representative body, the opportunity to provide advice on the establishment and modification of each of those subjects, (2) clarify that all faculty feedback and recommendations is advisory in nature, and (3) retain the board’s final, overriding authority to establish or reject establishment or modification of any of those subjects.

The bill would require boards of trustees to update and submit its curricular approval process to the Ohio Department of Higher Education (ODHE) every five years.

Sub. HB 96 would eliminate funding support for mental health services. In the previous state budget and in the governor’s proposed budget, there had been $10 million allotted to ODHE for mental health support in each fiscal year. Mental health resources have been seen as key to academic success, as an increasing number of students have reported mental health issues in recent years.

Additionally, there is an allocation of $800,000 in each fiscal year for Cleveland State University to maintain its men’s wrestling program and establish and maintain a women’s wrestling program. Never before have we seen a specific appropriation for athletic programs in a state budget bill. At the beginning of the year, Cleveland State had announced it was cutting its wrestling program, as well as softball and women’s golf, in order to address budgetary concerns.

We encourage you to review the comparison document shared above for more information about how the budget bill will impact higher education. Please note that Sub. HB 96 still must pass the full House, and then it will move to the Senate for further consideration. There will almost assuredly be a conference committee between the chambers to reconcile their differences before sending a final version to the governor. Due to the fact that this is a bill containing appropriations, the governor has line-item veto power.

We will provide further updates on the budget as the process unfolds.

On March 28, Gov. DeWine signed SB 1 into law. The bill will take effect 90 days from the signing date, which will be June 25.

While we are not surprised by the outcome, we are disappointed that, in the face of such massive opposition, the Republican majority ignored the will of the people and pushed through a bill that is intended to undermine Ohio’s public system of higher education. We are deeply concerned about how this bill will destabilize our colleges and universities, drive away top talent, and ultimately hurt Ohio’s economic future.

We fought the good fight. We did everything in our power. Unfortunately, with a gerrymandered legislature that is more interested in scoring political points than passing good policy, the odds were stacked against us. Still, we managed to keep the bill at bay within supermajority Republican legislatures for more than two years. The good news is that we have increased AAUP membership and developed an incredible coalition of faculty, students, labor unions, and community partners, which will collaborate for years to come.

The work does not stop here. We already are exploring potential legal challenges to various facets of the bill. In addition, we will be holding a statewide meeting for AAUP members next month to discuss the implementation of SB 1. We also have to be prepared for more legislative challenges that may come our way.

We wish we had better news heading into the weekend; nevertheless, everyone who participated in this process should be proud. Our students, academic freedom, and collective bargaining rights are always worth protecting, and we will continue to fight back against the authoritarian actions coming from the state and federal governments.

Solidarity!

Congratulations to the faculty at Ohio University, who officially won their union election on March 24! The State Employment Relations Board (SERB) certified that more than 70% of the faculty voted in favor of unionization.

OU faculty began their union campaign at the height of the pandemic. Over the course of the last five years, they built a strong organization from the ground up to fight for job security, academic freedom, shared governance, and fair compensation.

This unionization campaign was a joint effort between the AAUP and AFT, which provided the framework and organizing resources for OU faculty to succeed. The AAUP and AFT will continue to provide support as the faculty union now prepares to negotiate its first collective bargaining agreement.

Pat yourselves on the back, OU professors! This was a long time in the making and a well-deserved victory.

SB 1 Passes Committee
Yesterday, the House Workforce and Higher Education Committee voted Senate Bill 1 out of committee along party lines, but not before adopting amendments that put the bill closer in line with the last version of SB 83 from the previous legislative session.

One amendment offered by Rep. Gayle Manning (R-North Ridgeville) clarifies that the bill’s ban on DEI spending does not prohibit public colleges and universities from complying with any state or federal law to provide disability services. It also includes language to exempt students from the bill’s American civic literacy graduation requirement, if they have completed at least three credit hours in American history or government.

The second amendment, offered by Rep. Josh Williams (R-Sylvania), would allow public colleges and universities to apply to the Ohio Department of Higher Education for exemptions to SB1’s DEI ban to comply with state or federal law, professional licensure requirements, or accreditation standards. The committee rejected another amendment from Williams to gradually phase out diversity-related scholarships instead of banning them.

Ranking Democratic Member Beryl Brown Piccolantonio (D-Gahanna), introduced amendments that would have removed the anti-union and anti-tenure provisions of the bill. Those were tabled mostly along party lines.

SB 1 Passes Full House
Later that day, the full House of Representatives engaged in a lengthy debate, but ultimately passed SB 1 by a vote of 59 to 34. Republican Representatives Cindy Abrams (R-Harrison), Scott Oelslager (R-North Canton) and Jason Stephens (R-Kitts Hill) joined Democrats in opposition. There were six representatives who were not in attendance.

During the House debate, the Ohio Conference AAUP led a massive protest of nearly a thousand people outside of the Statehouse (pictured above). Hundreds of students marched from Ohio State University down High Street to the Statehouse to meet us. Even though we knew what the result was going to be, it was important to show up in solidarity with students, labor partners, and community supporters. We’re not backing down. This isn’t the end; it is just the beginning of fighting the political interference into Ohio’s public higher education system.

Senate Concurrence and Governor’s Desk
Next week, SB 1 heads back to the Senate for concurrence on the changes that the House made to the bill. The Senate is expected to concur on Wednesday, March 26. Following Senate concurrence, the bill will be sent to Gov. DeWine to sign or veto.

We encourage you to contact the governor and ask him to veto SB 1 through this Action Network page, as well as by calling his office at 614-644-4357.

However, we want to be transparent about the prospects of the governor vetoing SB 1. Last week, DeWine told reporters that he would likely sign the bill after reviewing the final version. In addition, the governor is joining President Trump today at a ceremonial signing of an executive order intended to end the federal Department of Education–a move almost assuredly to be challenged on constitutional grounds.

Nevertheless, it is always worth making the case and ensuring the governor realizes that SB 1 is still broadly opposed and will undermine workforce development and Ohio’s research economy. The vote in the House indicates that the House may not be able to override a veto, should the governor choose to veto.

If the governor approves the bill, it will take effect 90 days after signing. We have received a lot of questions about potentially repealing the bill via referendum, as was done with SB 5 in 2011. Unfortunately, such an effort is not realistic given the substantial resources it would require. However, pulling together a statewide effort with other labor organizations in the future that would restore collective bargaining rights may be on the horizon, as we know that the union-busting isn’t going to end with professors.

Next Steps for AAUP
We will be working on a statewide virtual event for all Ohio AAUP members in April to discuss the implementation of SB 1 and what that entails for our faculty unions as well as individual faculty members. Stay tuned for more information and the registration link.

In addition, we will be having conversations with allied groups about the possibility of litigation on particular pieces of the law. There have been a number of lawsuits in other states over similar legislation, and we will research all of our options.

We are fiercely proud of the work we’ve done around SB 83/SB 1 to defend academic freedom, union rights, and the well-being of faculty and students. The short-term result may not be what we fought and hoped for, but this fight has increased AAUP membership and galvanized a coalition of higher education supporters that will work together for years to come. We are stronger together!

Flyer credit: Prof. Justin Diles, OSU

Join Us This Wednesday!
On Wednesday, March 19, the House Workforce and Higher Education Committee will vote on Senate Bill 1 (9am), teeing up the bill for a vote by the full House in session later that same day (2pm). This is our final opportunity to show up, stand shoulder to shoulder, and express opposition to the bill.

The Ohio Conference AAUP is leading a protest outside of the Statehouse starting at 1:30. We will meet at the McKinley statue on the west plaza of the Statehouse (the side facing High Street). Students will be marching down High Street from Ohio State to join us by 2:30. Participants can choose to remain outside or go inside the Statehouse to be in House chambers for the vote.

There are many options for parking in downtown Columbus. The Columbus Commons underground and above ground garages are always good bets. There are also surface lots and metered parking options available. Join us for what promises to be an important demonstration of solidarity against SB 1!

What You Can Do Before Wednesday
We still need calls into the Republicans on the Workforce and Higher Education Committee. Their office phone numbers are listed below. Voice your concerns about the ways the bill would erode union rights, academic freedom, tenure and other job protections, as well as scholarships and programs for under-represented students. Ask that the bill be amended to address these issues.

Tom Young, Chair (614) 466-6504

Kevin Ritter, Vice Chair (614) 466-2158

Michael Dovilla (614) 466-4895

Marilyn John (614) 466-5802

Gayle Manning (614) 644-5076

Tracy Richardson (614) 466-8147

Nick Santucci (614) 466-5441

Josh Williams (614) 466-1418

Heidi Workman (614) 466-2004

Visit our SB 1 toolkit for links to our Action Network pages, as well as a broader list of State Representatives to target with phone calls and social media action.

You can also donate to our Advocacy & Defense Fund. This fund will be especially important as we weigh potential legal challenges to SB 1, if it becomes law.

We hope to see you in Columbus on Wednesday! Please spread the word to colleagues and other members of your campus communities. All are welcome to join us!