Welcome to the Thursday, Jan. 23, 2025, Brew.
By: Lara Bonatesta
Here’s what’s in store for you as you start your day:
- Ohio becomes the 23rd state to adopt what supporters call a Parents’ Bill of Rights
- To date, lawmakers have introduced 196 bills on the administrative state in 2025 sessions
- This week’s episode of On The Ballot examines budget reconciliation
Ohio becomes the 23rd state to adopt what supporters call a Parents’ Bill of Rights
A version of this story appeared in Ballotpedia’s Hall Pass on Jan. 22. Hall Pass is our weekly newsletter on school board politics and education policy. Click here to sign up!
On Jan. 8, Ohio Gov. Mike DeWine (R) signed House Bill 8 into law, making Ohio the 23rd state to adopt what supporters call a Parents’ Bill of Rights.
The term “Parents’ Bills of Rights” refers to laws that explicitly afford parents rights regarding their involvement in their children’s education. In some states, Parents’ Bills of Rights are education-specific. Other Parents’ Bills of Rights are more general, commonly allowing parents to direct their children’s upbringing. Even if there is no statewide statute regarding parents’ rights, local school districts have passed parents’ rights policies in their jurisdictions.
The Ohio law, which supporters called a “Parents’ Bill of Rights” and opponents called a “Don’t Say Gay bill,” establishes the following rights for parents in state law:
- Reviewing and opting their child out of “sexuality content,” which the bill defines as “oral or written instruction, presentation, image, or description of sexual concepts or gender ideology.” The bill also specifically prohibits this instruction in grades K-3.
- Being notified of any changes to their child’s mental, emotional, or physical health, including “Any request by a student to identify as a gender that does not align with the student’s biological sex.”
- Ability to file concerns with the school district regarding any topic addressed in the Parents’ Bill of Rights.
The bill also requires school boards to adopt policies allowing students to leave school for portions of the day to receive religious instruction. School boards must also adopt certain other policies, such as those that promote parental involvement in their school district.
Rep. D.J. Swearingen (R) said, “What we’re trying to do with the ‘Parents’ Bill of Rights’ is to preserve that critical relationship between a parent and their child in the school system.” Rep. Sara Carruthers (R), who co-sponsored the bill, said it requires schools to proactively include parents in their students’ education.
State Sen. Bill DeMora (D) said HB 8 is “another example of a solution looking for a problem. It puts students who seek help from teachers and school counselors at risk. We need to trust that school professionals will involve parents when necessary.”
House Bill 8 passed the Ohio Senate 24-7, with 24 Republicans supporting it and one Republican joining all Democrats to oppose it. The bill passed the Ohio House of Representatives 57-31, with 57 Republicans supporting it and three Republicans joining the House Democrats to oppose it. Ohio has a Republican trifecta.
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To learn more about the authority of local school boards in Ohio, click here. To learn more about the 2024 Ohio legislative session, click here.
To date, lawmakers have introduced 196 bills on the administrative state in 2025 sessions
Ballotpedia’s Administrative State Legislation Tracker captured 196 bills introduced in the 2025 legislative session as of Jan. 17. Legislators in 28 states and Congress filed bills, including:
- Proposals on oversight of regulations
- Judicial deference to agencies
- Agency use of artificial intelligence (AI) surveillance
- Regulation budgets and limitations
- Cost-benefit analysis requirements
- Agency appointment processes
- Occupational licensing and permitting
Six bills were introduced in Congress, and 190 bills were introduced or pre-filed in 28 states. Virginia lawmakers have introduced the most bills (32), followed by Montana and Texas, with 22 each.
Ballotpedia categorized 83 bills that would limit agencies’ authority. Ballotpedia categorized 82 bills that would give agencies more authority. Many of these bills would create new agencies or give existing agencies more regulatory power.
Here are some noteworthy state bills that have been introduced so far:
Bill that would limit agencies’ authority:
- Missouri SB350 and HB664: Would require agencies to get approval from the General Assembly for certain administrative rules.
- Montana LC1339/HB178: Prohibits state agencies from using artificial intelligence to surveil the public.
- Pennsylvania HB114: Would establish an Independent Energy Office within the Independent Regulatory Review Commission that would review agencies’ regulations or policies to determine if the actions may harm energy reliability and affordability. The bill would allow the office to ask agencies to reverse actions that it deems harmful and block actions that are not reversed.
- South Carolina HB3021: The bill was named “Small Business Regulatory Freedom Act” and
- requires the Small Business Regulatory Review Committee to review regulations pending reauthorization
- requires agencies to cite specific statutory authority when passing regulations
- establishes a regulatory budget requiring agencies to repeal two rules for every rule passed
- requires mandatory cost-benefit analyses for rules
- creates automatic expiration and periodic review processes for agency rules
- requires courts to review agency rules without deference to the agency’s interpretation of a statute
- Texas HB1259: Would establish a State Agency Rules Review Commission consisting of eight legislators and three public members to review rules and determine agency rulemaking authority.
Bills that would give agencies more authority:
- New Jersey S3163: Would establish the Department of Diversity, Equity, and Inclusion within the state’s executive branch, which would implement a statewide initiative to promote diversity, equity, inclusion, and accessibility in the state government workforce.
- Missouri SB116: Requires the Secretary of State to maintain voter registration data and investigate alleged election violations, among other duties. The bill also creates the Office of Election Crimes and Security within the secretary’s office.
- Virginia HB2046: Would establish the Artificial Intelligence Oversight Task Force to oversee agencies’ and other public bodies’ use of certain artificial intelligence systems.
Ballotpedia’s Administrative State 2024 Legislation Report contains analysis of administrative state-related legislative activity in all 50 states. The report includes information on the total number bills tracked by legislative status, enacted and vetoed legislation, noteworthy topics. Ballotpedia tracked 583 bills in 44 states for the report. Click here to read the full report.
This week’s episode of On The Ballot examines budget reconciliation
As President Donald Trump (R) begins his second term, Republicans in the 119th Congress are working to pass legislation that would advance his policy priorities on issues such as immigration, border security, tax reform, and energy. One process that Republican majorities in the House and Senate are considering to do this is budget reconciliation.
Budget reconciliation is a legislative process that can be used to override the filibuster and expedite the approval of a package of legislation in Congress that changes spending, revenues, or the debt limit. Budget reconciliation bills require a simple majority (51 votes) instead of the three-fifths majority (60 votes) usually needed in the Senate to bring bills to a vote and approve them.
As of Jan. 21, Republicans have a 53-47 majority in the Senate and a 218-215 majority in the House, with two vacancies.
In tomorrow’s new episode of On the Ballot, host Geoff Pallay and Ballotpedia Policy Staff Writer Annelise Reinwald will discuss budget reconciliation, its history, and the role it could play in the 119th Congress.
Click here to see Ballotpedia’s comprehensive resource on the process and use of budget reconciliation with details on the laws and rules governing the process, summaries, and analysis of historical use, and coverage of reconciliation bills during the second Trump administration.
Subscribe to On the Ballot on YouTube or your preferred podcast app, or click on the link below to listen.