Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

January 16, 2025
Susan Stone, Kristina Supler and Anna E. Bullock
kids going on school bus

Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for increased instances in which students may be punished with expulsion from school for 180 days or more. The bill also provides for probation-like conditions on any re-enrollment and permits districts to remove students from the classroom environment to be educated via alternative means through graduation. The bill has sweeping implications for those students accused of misconduct that could be considered “dangerous” and limits families’ ability to guard against discipline imposed on this basis.

The Inner Workings of SB 206

SB 206 permits indefinite student expulsions for behavior characterized as causing “imminent and severe endangerment” defined as:

  • Bringing a firearm to an interscholastic competition, extracurricular event, or any other program or activity sponsored by the school district or in which the district participates
  • Bringing a knife capable of causing serious bodily injury to any school property or event;
  • Committing an act that is a criminal offense when committed by an adult and that results in serious physical harm to persons or serious physical harm to property while the pupil is on any school property or at a school event.
  • Making a bomb threat to a school building or to any premises at which a school activity is occurring at the time of the threat; or
  • Making a specific threat of violence, including a hit list, threatening manifesto, or social media post, that would lead a reasonable person to conclude that the pupil poses a serious threat.

After an initial separation from school, the superintendent must provide conditions for the student to satisfy prior to reinstatement which must include (but is not necessarily limited to) a psychological assessment completed by a psychiatrist, psychologist or school psychologist to determine whether student poses any danger to the student’s self or others. The assessor must be agreed upon by both the superintendent and the student’s parent or guardian. If the assessor is a district employee, the district must pay the full cost of the evaluation. If not, the evaluation may be billed to the student’s insurance provider and the district is responsible for any remaining cost not covered by insurance.

A copy of any additional proposed conditions for potential reinstatement must be provided to the board of education, the student, and the student’s parent or guardian. Even if the student completes these reinstatement conditions, reinstatement is not guaranteed. The superintendent may appoint a multidisciplinary team to assess reinstatement. If, in conjunction with this team, the superintendent determines that the student has demonstrated sufficient rehabilitation, the superintendent may reinstate the student. If not, the student may remain out of school and be educated pursuant to an education plan even if the student does not have an individualized education plan (“IEP”). The school district may also impose probation-like “contingent conditions” on any re-enrollment to extend up to and including graduation. If these contingent conditions are violated, the student may be removed again, and may be educated through home instruction or alternative means through graduation.

The Intersection of School Discipline and the First Amendment Right to Freedom of Speech

SB 206 also highlights the importance of parental supervision of students’ social media usage and represents the expanding frontier of out-of-school conduct that can subject students to discipline. KJK has previously covered changes in the law’s treatment of off-campus speech for purposes of school discipline. The Supreme Court’s 2021 decision in Mahanoy Area School District v. B.L.  overturned a suspension imposed against a high school cheerleader for off-campus speech. The student’s message (delivered through SnapChat to selected friends) expressed frustration with her coaches as a result of not being selected for the varsity cheer team.  The Supreme Court held that discipline on this basis infringed on the student’s right to off-campus free speech.

More recently in 2023, the Sixth Circuit, applying the Mahanoy framework to another student speech case, reached an opposite result. In Kutchinski v. Freedland Cmty. Sch. Dist., a student impersonated a teacher and posted graphic sexual and threatening content to Instagram. The Kutchinski opinion frames schools’ ability to regulate student speech on a “spectrum,” wherein a school can “probably regulate ‘speech that takes place during or as part of what amounts to a temporal or spatial extension of the regular school program[,]’” and generally cannot regulate “‘speech that is not expressly and explicitly directed at the school, school administrators, teachers, or fellow students and that addresses matters of public concern[.]’” With regard to SB 206, the Ohio legislature has placed threatening social media posts in the latter part of the First Amendment spectrum identified in Kutchinski, which permits schools to regulate speech that is explicitly directed at peers or teachers.

The Importance of Talking with Your Teen About the Risks of Social Media

In today’s increasingly connected world, parents must educate their children about the risks of online behavior, actively monitor their children’s social media activity, and ensure that they understand the potential real-world consequences of their digital footprint. Schools are no longer monitoring student behavior only during the school day—instead, schools are increasingly monitoring out-of-school behavior online.

While platforms like Instagram, Snapchat, and X can be different means for teens to express themselves and stay connected with friends, there are downsides to social media usage. Posting content that can be interpreted as threatening or inappropriate, even if unintended, can lead to serious consequences. Inappropriate social media posts can lead to discipline at school and even juvenile charges. In our practice, we frequently encounter students who have posted what they consider to be jokes or harmless pranks among friends that ultimately land them in trouble at school and within the legal system.

Under SB 206, students could face suspension or expulsion for social media posts that are deemed to pose a threat to the safety or well-being of others. Even seemingly harmless comments or jokes can easily be misinterpreted, leading to consequences for the student’s reputation, academic record, and future opportunities. If your student is faced with school discipline or juvenile charges related to online conduct, it is important to know your rights and act quickly to protect your child.

What to Do if Your Child Faces Suspension or Expulsion at School

SB 206 provides that initial disciplinary decisions pursuant to the bill must comply with existing laws regarding notice and the opportunity to be heard prior to a suspension or expulsion being imposed. When students are accused of violating school rules, families are often tasked with defending their students in expulsion proceedings and, in some cases, defending against juvenile prosecution. When your child is facing suspension or expulsion at school, it is important to be prepared and proactive.

Thinking Ahead: Make sure your student knows to contact you immediately if they are ever faced with a serious situation at school, including if they are accused of violating school rules. Families should consult with an attorney as early in the process as feasible to ensure that the student’s rights are upheld, including the right to respond to the accusations and to be heard in the process.

Navigating Disciplinary Hearings: In many cases, students and families are entitled to legal representation during school disciplinary hearings. Preparing for, attending, and participating in disciplinary meetings, hearings, and appeals is critical for any student facing discipline. Participating in hearings and appeals can preserve rights to challenge disciplinary decisions at higher levels, including through court proceedings.

Appeals and Legal Recourse: If your student is expelled or suspended and you believe the punishment is unfair or disproportionate, seek legal advice to determine whether an appeal is advisable. An attorney may help you navigate the appeals process to seek a reduction in the punishment or a reversal of the decision.

Addressing Legal Consequences in the Juvenile Justice System: In cases where a student’s social media post could also be seen as a criminal threat, consulting with an attorney is critical to provide guidance on the potential legal ramifications beyond school discipline, ensuring the student’s interests are protected.

SB 206 marks a drastic change to parental and student rights in connection with suspension and expulsion decisions based on allegedly dangerous conduct. Ensure that your child knows to reach out to you immediately if they are ever faced with a serious situation at school or if questioned by the police. If your student is facing serious school discipline or juvenile charges, contacting an attorney early in the process will provide the best opportunity to prepare a defense. For more information, or to discuss further, please contact the authors.

Call us at 216-716-5630 to speak with an experienced Title IX attorney and ensure your student’s rights are protected.