SB 83 Removed from HB 33
Despite indications of a potentially prolonged conference committee, yesterday, the House and Senate agreed on the final version of House Bill 33, the state operating budget for FY 2024-2025. The bill now goes to Gov. DeWine, who has line-item veto authority.

The good news is that Senate Bill 83 was removed from the final version of the bill! The only remnant was modified language regarding voluntary trustee training. This is a major victory in stalling the bill, which had been fast-tracked and placed in the budget to avoid more public scrutiny.

So what now? SB 83 and its companion bill–HB 151–are still pending pieces of legislation. The Ohio House of Representatives could act on them at any time. Given that Ohio has a two-year legislative cycle, we could be monitoring the bills until December 2024. Unfortunately, there are legislators who still will try to advance the bills.

We will keep you apprised of developments moving forward. For now, the legislature is likely to recess until September. In the meantime, consider sending thank you messages to the following State Representatives for their work in removing SB 83 from the budget bill and reiterate that SB 83/HB 151 are misguided bills that should not advance in the future either:

Speaker Jason Stephens: jason.stephens@ohiohouse.gov

House Finance Committee Chair Jay Edwards: jay.edwards@ohiohouse.gov

House Minority Leader Allison Russo: allison.russo@ohiohouse.gov

Ranking Democrat on Finance Bride Rose Sweeney: bride.sweeney@ohiohouse.gov

Thank you to our members who called and emailed legislators, submitted testimonies, wrote op-eds, and engaged in many other actions. We couldn’t have done it without your activism, as well as the support of allied organizations. We may need you again in the future, but take a rest and enjoy the fact that we made a difference in defending higher education (for now)!

SB 117 Passed by Senate, New Version in Budget
In an unexpected development, Senate Bill 117–the bill to establish “intellectual diversity”/constitutional institutes at The Ohio State University and the University of Toledo–was placed on the June 28 Senate calendar for a vote and passed along party lines. It was then passed yesterday as part of the state operating budget bill.

An amendment was adopted on the Senate floor that added Miami University, Cleveland State University, and the University of Cincinnati as institutions that also would be required to establish such institutes. The administrations of these universities were not given any advance notice about the amendment, which was introduced and adopted within about three hours, with no committee hearings or opportunities for testimony. The amendment also included new policy language that grants even greater authority to the institute directors and explicitly excludes faculty from exerting meaningful input in hiring decisions.

We believe that these institutes will encounter a myriad of issues in establishment and operations, some of which may impact accreditation. We will work with our members at the affected institutions on how we can influence implementation.

Budget Funding for Higher Education
Unfortunately, State Share of Instruction remained at the levels passed by the Senate, which amounts to a cut when inflation is taken into account. In addition, the 3% tuition caps passed by the Senate were maintained. The lack of sufficient funding coupled with the tuition caps will continue squeezing our institutions. We must continue to fight for the instructional missions at our campuses.

State Budget Conference Committee
This week, the Ohio House of Representatives voted against concurring with the Senate version of House Bill 33, the state operating budget bill. As a result, a conference committee has been appointed to come to an agreement on the final version of the bill.

The members of the conference committee are:

Rep. Jay Edwards (R-Athens)

Rep. Jeffrey LaRe (R-Canal Winchester)

Rep. Bride Rose Sweeney (D-Cleveland)

Sen. Matt Dolan (R-Chagrin Falls)

Sen. Jerry Cirino (R-Kirtland)

Sen. Vernon Sykes (D-Akron)

House Speaker Jason Stephens has warned that, due to the significant differences between the House and Senate version of the bill, the legislature may fail to meet the statutory deadline of June 30 to pass the bill, thus warranting continuing resolutions to keep the state funded at current levels.

OCAAUP Board Opposes Senate Bill 1
The Ohio Conference AAUP Board of Trustees has voted to oppose Senate Bill 1. SB 1 is the proposed takeover of K-12 education. The bill would remove control of elementary and secondary education from the State Board of Education and put it into the hands of a political appointee.

Similar to SB 83, this is a politically-motivated, attempted takeover of public education that also was placed into the state budget bill to avoid further public scrutiny. We join in solidarity with our K-12 colleagues to oppose SB 1.

Take Action
Our partners at the Ohio Federation of Teachers (OFT) have created this Action Network page that you can use to contact your State Representative and State Senator to ask them to support the House-passed version of the state budget, which is free from the controversial education policies that the Senate has buried into the 9,000-page bill.

In addition, please contact the Republican members of the conference committee to tell them respectfully that SB 83 and SB 1 do not belong in the state budget bill, as OCAAUP President Gretchen McNamara called out in this Columbus Dispatch editorial published this week.

Representative Jay Edwards: 614-466-2158; rep94@ohiohouse.gov

Representative Jeffrey LaRay: 614-466-8100; rep73@ohiohouse.gov

Senator Matt Dolan: 614-466-8056; dolan@ohiosenate.gov

Senator Jerry Cirino: 614-644-7718; cirino@ohiosenate.gov

Your actions make a difference. Please help us keep up the pressure!

There is a special election on August 8 to vote on State Issue 1. We urge our members to vote NO and to make a plan to vote on or before August 8.

What is Issue 1?

Issue 1 is a proposed amendment to Ohio’s state constitution that would make it drastically more difficult to amend the state constitution in the future. It asks voters to vote against their own voting power by overturning the concept of “one person, one vote.”

Issue 1 would increase the threshold for proposed constitutional amendments to be approved from a simple majority to a 60% supermajority. It enables minority rule in Ohio.

Issue 1 would also increase the signature threshold for an amendment to be placed on the ballot from 5% of voters in 44 counties to 5% of voters in all 88 counties. This in and of itself makes it nearly impossible to get a constitutional amendment on the ballot, let alone pass it.

Issue 1 would remove the 10 day period for petitioners to gather additional signatures for a constitutional amendment if they filed an insufficient number of valid signatures.

Where did Issue 1 originate?

Issue 1 was pushed by an Illinois billionaire and special interests groups that are trying to prevent certain constitutional amendments from passing this November. This is an underhanded attempt to thwart the will of a majority of Ohioans.

Issue 1 was initiated by the Ohio General Assembly via Senate Joint Resolution 2 (SJR 2). SJR 2 passed the Ohio Senate on a party-line vote and passed the Ohio House of Representatives mostly along party lines, but with a handful of Republicans joining Democrats in voting no. Resolutions do not need to have the governor’s approval; so once it was passed by both chambers, it was primed for the ballot.

Typically, this kind of constitutional amendment would have appeared on either a general or primary election ballot. However, there was a separate piece of legislation, Senate Bill 92, which created the special August 8 election for what is now State Issue 1. Because August elections traditionally have very low turnout, the aim is clearly to enable a small minority of registered voters to prevent passage of amendments that would have majority support in regularly scheduled elections.

Issue 1 is short-sighted and undemocratic, and it has broad bipartisan opposition. Former Ohio Supreme Court Chief Justice Maureen O’Connor, a Republican, said this about the proposed constitutional amendment: “It’s misleading, it’s deceptive, and if it weren’t so serious, it would be laughable. When you keep changing the rules and moving the goalposts, you are intentionally silencing the vote of the people.”

Why is the Ohio Conference AAUP involved in Issue 1?

Education, including higher education, is critical to a functioning democracy. Faculty have a role in promoting an educated citizenry and democratic participation. Very simply, Issue 1 is undemocratic. It would end majority rule and make it virtually impossible for voters to propose changes to Ohio’s constitution. This would affect our ability to potentially make constitutional changes in the future that protect education and union rights. We join a broad bipartisan coalition of unions, associations, and former elected officials in opposing Issue 1 and urging Ohioans to vote no on or before August 8.

Prepare to Vote

Click here to access the Ohio Secretary of State’s website to register to vote, to check your registration, to update your registration, or to request an absentee ballot for the August 8 election.

Voter ID Rules

Voter identification requirements in Ohio have very recently changed. Please ensure that you have the proper ID when heading to the polls.

Per the Ohio Secretary of State’s website:

There are several types of valid photo identification.

• Ohio driver’s license;
• State of Ohio ID card;
• Interim ID form issued by the Ohio BMV;
• A US passport;
• A US passport card;
• US military ID card;
• Ohio National Guard ID card; or
• US Department of Veterans Affairs ID card

All photo IDs must have the following:

• An expiration date that has not passed;
• A photograph of the voter;
• The voter’s name, which must substantially conform to the voter’s name as it appears in the Poll List or in the Poll Book

NOTICE: An unexpired Ohio Driver’s License, State ID Card, or Interim Documentation with your former address IS an ACCEPTABLE form of ID when your current address is in the pollbook.

Key Dates

July 10 — Voter registration deadline.

July 11 — Early voting begins, by mail and in person. You can request an absentee ballot online at www.ohiosos.gov/ or call your county board of elections.

Dates & hours for voting at your county Board of Elections office:

July 11-14, 17-21, 24-28: 8:00 a.m.-5:00 p.m.

July 31: 7:30 a.m.-7:30 p.m.

Aug. 1: 7:30 a.m.-8:30 p.m.

Aug. 2-4: 7:30 a.m.-7:30 p.m.

Aug. 5: 8:00 a.m.-4:00 p.m.

Aug. 6: 1:00-5:00 p.m.

Aug. 1 — Vote by mail ballot application deadline.

Aug. 7 — Vote by mail ballot postmark deadline.

Aug. 8 — Special Election Day. Polls open 6:30 a.m. to 7:30 p.m.

MAKE YOUR PLAN TO VOTE NO ON ISSUE 1!

Congratulations to the Faculty Alliance of Miami (FAM), which now has two bargaining units that have been certified by the State Employment Relations Board (SERB)!

The first bargaining unit, which won the right to representation on May 17 for full-time tenure-track and full-time non-tenure-track faculty (what Miami refers to as TCPLs–teaching and clinical professors and lecturers), was won with a 65% vote in favor of the union.

On June 14, the second bargaining unit–for Miami librarians–won by a unanimous 100% vote in favor of unionization. Due to a SERB decision that faculty and librarians could not be in the same unit, the librarians had to form what is technically a separate union but will also be represented by FAM.

FAM also plans to move forward with a unionization campaign for their Visiting Assistant Professors (VAPs), which SERB ruled are public employees under Ohio law and not “seasonal and casual employees” as the Miami University administration tried to argue.

Again, congratulations to the faculty at Miami! Unionization is hard work. This effort took years of dedication from faculty volunteers with support from AAUP and AFT, but the end result of being able to bargain contracts with the employer for the betterment of faculty, students, and the instructional mission of Miami University is well worth it!

On Wednesday, June 14, the Ohio House and Ohio Senate each took action on Senate Bill 83. In the House, the Higher Education Committee floated a new substitute version of SB 83. In the Senate, the Finance Committee adopted an omnibus amendment to the state budget bill (HB 33), which included the Senate-passed version of SB 83 with a few tweaks. On June 15, the full Senate approved the budget bill–with the SB 83 components–along a party-line vote of 24-7.

New House Version of SB 83
For the new version of SB 83 in the House, this comparison document outlines the differences between the Senate-passed version of the bill and their new version of the bill. Anything that is not referenced in this “comp doc” means that it is the same as the Senate-passed version of the bill.

The broad changes sought by the House are indicative of how deeply flawed SB 83 is, which begs the question of why House Republicans are bothering to pursue the bill at all. It is possible that they use this version of the bill as the basis of their positions during the state budget conference committee.

Here are the highlights of the changes:

-Removes the prohibitions on bargaining subjects

-Removes post-tenure review

-Removes workload language

-Removes reference of faculty remaining committed to expressing intellectual diversity

-Allows institutions to design required government/history course instead of the chancellor

-Reduces the weight of student evaluations in the teaching component of faculty evaluations from 50% to 25% and allows institutions to develop the evaluations instead of the chancellor

-Removes multiple reporting requirements to the chancellor

-Revises language restricting college and university speech to clarify that institutions may make statements on matters that directly impact its funding or mission of discovery, improvement, and dissemination of knowledge

-Increases syllabi requirements to also include a calendar of when certain materials and topics will be covered, as well as list required and recommended readings

-Changes university trustee term lengths to six years

-Removes that institutions have to change their mission statements and instead requires institutions to create a “statement of principles”

-Removes the requirement to apply for DEI program exemptions if DEI is needed to fulfill grant, licensure, accreditation or other requirements

Unfortunately, the section that would ban strikes for campus unions remains in this version, but we believe this is more indicative of the positions of those legislators working directly on this new iteration of the bill and not necessarily reflective of House Republicans at large.

SB 83 in Senate Version of State Budget (HB 33)
As we have anticipated since SB 83 was first introduced, the Senate included SB 83 in its 9,000-page version of HB 33 that it passed yesterday, which included this 2,000-page omnibus amendment of numerous policy changes, many of which have nothing to do with state appropriations.

There were several small changes between the Senate-passed version of SB 83 and the language in the budget bill:

-Removes that institutions have to change their mission statements and instead requires institutions to create a “statement of commitment”

-Reduces the impact of student evaluations on the teaching component of faculty evaluations from 50% to at least 25%

-Allows faculty to appeal their final annual evaluation

-Supplies a definition of retrenchment: “Retrenchment” means a process by which a state institution of higher education reduces programs or services, thus resulting in a temporary suspension or permanent separation of one

or more institution faculty, to account for a reduction in student population or overall funding, a change to institutional missions or programs, or other fiscal pressures or emergencies facing the institution.

–Requires boards of trustees to establish a process for handling complaints in regards to the portions of the bill governing diversity, equity, and inclusion programs or trainings

-Changes university trustee term lengths to six years

Altering aspects of a bill that the Senate already passed is an implicit admission that SB 83 is still a flawed bill and needs to undergo a much more thorough review. But a more thorough vetting would not have aligned with their goal to bury this into the budget bill.

Other Higher Education Changes in Budget

In addition to SB 83, Senate Republicans put other higher education policy changes into the budget bill. You can view those changes in this comparison document.

Here are some of the noteworthy changes:

-Includes the elements of SB 117 in establishing “intellectual diversity” institutes at the University of Toledo and The Ohio State University

-Allows the need-based Ohio College Opportunity Grant (OCOG) to be awarded to students at any two- or four-year state institution

-Caps tuition guarantee programs for new student cohorts at no more than 3% above the previous academic year’s cohort

-Allows students to opt-out of vaccine mandates

-Prohibits state universities from requiring students to live in on-campus housing, unless a state university requires only first-year students who live more than 25 miles away from campus to live in on-campus student housing

-Allows institutions to lease land if certain conditions are met

-Strips voting power from The Ohio State University student trustees and prohibits them from attending executive sessions

In terms of overall funding, the Senate-passed budget keeps higher education funding relatively unchanged from the House version of the bill. Unfortunately, it is a far cry from the solid increases that Gov. DeWine had proposed in his executive budget.

What’s Next?
We believe that the House of Representatives will vote against concurring with the Senate’s budget changes, thus sending HB 33 to a conference committee. There will be six members to the committee–three from each chamber, two of whom will represent the majority party and the other the minority party. The committee will hammer out a final version of the bill, which then will be approved by both chambers before being sent to the governor. Gov. DeWine has line-item veto authority.

The budget bill must be signed by June 30 in order for it to take effect on July 1 for the beginning of the next fiscal year. If an agreement cannot be reached in time, the legislature will have to pass continuing resolutions for the state to be funded at current levels until there is an agreement. Due to the wide range of disagreements between the House and Senate, HB 33 may not be settled by the statutory deadline.

Once we know who the members of the conference committee are, we will provide that information and encourage you to contact them to ask that they remove SB 83 from the budget. We also will ask you to continue contacting the governor to ask him to line-item veto any elements of SB 83 that make it into the final budget bill.

In the meantime, please continue making calls and sending personalized emails to your State Representative, House Republican members, and Gov. DeWine. Click here for a spreadsheet of targets and contact information. For the Representatives, use both email addresses. We highly recommend that you use your personal email address for these communications.

Remember to keep your communications concise and courteous. Phone calls likely will be answered by an aide or go to voicemail. Personalize your message with how the bill would negatively impact your teaching, students, and institution.

Here is a sample script for calls and emails to State Representatives:

I am calling/writing today to urge Representative [last name] to oppose Senate Bill 83 in the state budget bill. SB 83 is a dangerous bill that not only attacks union rights for campus employees, but also attempts to micromanage classroom instruction and college and university operations. The bill will drive up costs for students and deter quality faculty and students from choosing Ohio institutions. SB 83 isn’t salvageable and should be removed from the budget bill.

Here is a sample script for calls and emails to Gov. DeWine:

I want to make sure that Gov. DeWine is aware that Senate Bill 83 is now part of the state operating budget bill. SB 83 threatens quality higher education and workforce development in Ohio. I sincerely hope that the governor will exercise his line-item veto power to eliminate any pieces of SB 83 that might make it into the final budget bill.

Thank you for your continued engagement and activism!