As of May 30, 2022, the General Assembly adopted 2022 Am.Sub.S.B. No. 181 (“S.B. 181”), which precludes schools, interscholastics, and/or athletic organizations from regulating religious apparel worn by participants during interscholastic athletics or extracurricular activities. R.C. 3313.5317(A).
Pursuant to R.C. 3313.5317(B), schools and organizations may limit religious apparel only if wearing the apparel poses a “legitimate danger” to the participant. R.C. 3313.5317(C) provides that any member or employee of the district board of education will not be liable in damages in a civil action if the member or employee of the district board of education is performing their duties pursuant to the statute. A member or employee of the district board of education, however, will not be exempt from liability if the member or employee of the district board of education performs their duties in a willful or wanton manner. As mentioned in R.C. 3313.5317(D), any school district or school member who violates this section and is not immune pursuant to R.C. 3313.5317(B)-(C), will be subject to civil action for damages, injunctive relief, or any other appropriate relief.
However, S.B. 181 expressly provides that the statute does not strip a member or employee of the district board of education of its presumptive R.C. Chapter 2744 statutory immunity. R.C. 3313.517(D).
To read this bill, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.