Education Blog: Ohio's New Expulsion Law

April 9, 2025

Beginning April 8, a new expulsion option can be used by school districts in Ohio. School districts may develop a policy that allows them to indefinitely expel students if they engage in conduct that poses “imminent and severe endangerment” to the health and safety of themselves, peers, or school employees.

Summary of the new law:

This new law will allow school districts to expel students for 180 days for behavior that poses an “imminent and severe endangerment” to the health and safety of other pupils or school employees. At the onset of the expulsion, the school will establish “appropriate conditions” for the student to meet to be able to safely return to school.

At the end of the expulsion period, the student must be assessed by a psychiatrist, a licensed psychologist, or a licensed school psychologist to determine whether the student still poses a danger to themselves, peers, or school employees.

The school superintendent, in consultation with a multidisciplinary school team, will then determine whether the student has shown “sufficient rehabilitation to be reinstated.”
If the student has not shown sufficient rehabilitation, the expulsion can be extended by 90 days. This process can be repeated indefinitely until the student is deemed to have shown sufficient rehabilitation.

An expulsion can also be ended early, on a case-by-case basis, if the student is determined to have met all the conditions developed by the superintendent at the onset of the expulsion.

What is imminent and severe endangerment?

The law lists actions considered “imminent and severe endangerment” that would make a student eligible for this type of expulsion:

• Bringing a firearm to school or a school board owned/operated property
• 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 school or a school event
• Committing an act that is a criminal offense when committed by an adult and that results in severe physical harm to people or property
• Making a bomb threat
• Making an articulated or verbalized threat-- including a hit list, threatening manifesto, or social media post that would lead a reasonable person to conclude that the student poses a serious threat

What type of conditions can be imposed on the student?

The one condition required by the law is that the student be evaluated by a psychologist or psychiatrist to determine whether they pose a danger to themselves, peers, and school employees. There is currently no guidance on what other types of conditions the superintendent can set on a student’s return.

Who can do a return assessment?

If a student has been expelled under this law, they must receive a psychological assessment before they can return from their expulsion to determine whether they are still a safety threat.

This assessment can be done by a psychiatrist, a licensed psychologist, or a licensed school psychologist.

The medical provider conducting the assessment must be agreed upon by the district superintendent and the parent/guardian.

If both parties agree on a school psychologist, the school district will pay in full for the assessment. If both parties agree on an outside psychologist or psychiatrist, the student’s parent’s insurance will be billed and the school district will pay for anything not covered by insurance.

What information should be covered during the return assessment?

The psychologist or psychiatrist will conduct an assessment to determine whether the student still poses a danger to themselves, to other students, or to school employees. The assessment can also include recommendations for contingent conditions on the student’s reinstatement.

The district superintendent will then make a determination, in consultation with a multidisciplinary team selected by the superintendent, on whether the student has “shown sufficient rehabilitation to be reinstated,” meaning that the student met all conditions for reinstatement and has been determined by the superintendent to no longer pose a danger to themselves, to other students, or school employees. The superintendent will review the assessment completed by the psychologist or psychiatrist as part of this decision.

What are the protections available for students with disabilities?

All students on an IEP, regardless of how or why they are expelled, must be provided with access to a free, appropriate public education (FAPE) while out of school.

Under this new law, if a student on an IEP is expelled, then the school district must develop a continuing education plan within 10 days to determine how the student’s IEP services and educational needs will be met while the student is out of school.

The superintendent must also develop a list of alternative educational options available for students expelled under this law.

Students with disabilities are still protected from discrimination by state and federal law. A student with a disability cannot be removed from school for behavior due to or related to their disability, or due to the school not performing the IEP, unless the student engages in a narrow scope of dangerous activity. For more information on the protections available to students with disabilities, read our post on Manifestation Determination Reviews, available here. (https://www.disabilityrightsohio.org/blog/manefestation-determination-review)