United States - Ohio - AI Policy Development (HB 96)

Overview

Ohio House Bill 96 (HB 96) was enacted in 2025 as the state's main operating budget for fiscal years 2026-2027, establishing Section 3301.24 of the Ohio Revised Code to govern artificial intelligence in K-12 education. The statute required the Ohio Department of Education and Workforce to publish a model AI policy by December 31, 2025, which was issued in December 2025. Furthermore, all Ohio public school districts, community schools, and STEM schools were mandated to adopt a formal AI policy by July 1, 2026, using the state model or a locally adapted version.

Definitions

Ohio House Bill 96 itself, as a broad appropriations bill, does not explicitly define 'artificial intelligence' or related key terms such as 'deepfake,' 'synthetic media,' or 'materially deceptive' within its statutory text. Instead, the legislation delegates the responsibility for defining such terms and outlining their implications to the Ohio Department of Education and Workforce (ODEW) through the creation of a model policy. The model policy, which ODEW was required to develop by December 31, 2025, is expected to provide clear definitions and guidelines for the practical implementation of AI in educational settings. Based on the stated objectives and scope of the model policy, it is anticipated to define what constitutes 'appropriate use of artificial intelligence by students and staff for educational purposes.' Furthermore, the model policy is designed to address critical areas such as 'data privacy and security protections,' 'academic integrity and ethical considerations,' 'compliance with federal laws (IDEA, Section 504, ADA),' and 'vendor oversight and accountability measures.' These areas inherently require the model policy to provide working definitions for concepts like personally identifiable information (PII) in the context of AI, acceptable levels of AI assistance in academic work, and criteria for evaluating AI tools and vendors. While the bill sets the mandate, the detailed definitional framework is established at the administrative policy level to allow for flexibility and adaptation to rapidly evolving AI technologies.

Governance and Institutional Framework

The governance and institutional framework for artificial intelligence in Ohio schools, as established by House Bill 96, involves a two-tiered approach with clear responsibilities assigned to the state-level Ohio Department of Education and Workforce (ODEW) and local K-12 public school districts, community schools, and STEM schools.

Ohio Department of Education and Workforce (ODEW): The ODEW is tasked with the primary responsibility of developing a comprehensive model policy on the use of artificial intelligence in schools. This model policy serves as the foundational document and guiding framework for AI integration across the state's educational landscape. The deadline for the development and release of this model policy was December 31, 2025. In developing the model policy, the ODEW collaborated with the Ohio AI in Education Coalition, incorporating feedback from a diverse group of stakeholders including educators, businesses, nonprofits, and government leaders. The ODEW's role extends beyond policy development to include facilitating the effective implementation of AI policies at the local level. This involves providing resources and support to assist schools, as well as potentially collecting data from districts and schools regarding their use of AI to monitor compliance and effectiveness.

Local School Districts and Schools: All Ohio K-12 public school districts, community schools, and STEM schools are mandated to adopt their own formal policies on the use of artificial intelligence no later than July 1, 2026. These local policies must address the appropriate use of AI by both students and staff for educational purposes. Districts and schools have the flexibility to either adopt the ODEW's model policy directly or to develop their own customized policies, provided these local policies align with the state's overall framework and principles. The expectation is that local policies will translate the state's guidance into actionable strategies that fit the unique needs and contexts of individual school environments. This includes establishing guidelines for curriculum integration, acceptable use, academic integrity, data privacy, ethical considerations, accessibility, equity, procurement, and professional learning.

This framework ensures a consistent statewide approach to AI regulation in education while allowing for local autonomy in implementation, fostering a balance between centralized guidance and localized adaptation.

Key Focus Areas

• AI Policy Development and Adoption: A central focus of HB 96 is the mandatory development and adoption of AI policies. The Ohio Department of Education and Workforce (ODEW) is required to create a comprehensive model policy for AI use in schools by December 31, 2025. This model policy serves as a benchmark and a resource for local educational institutions. Subsequently, all K-12 public school districts, community schools, and STEM schools in Ohio must adopt their own formal AI usage policies by July 1, 2026. These local policies can either directly adopt the ODEW's model policy or be independently developed, provided they are aligned with the state's framework. This ensures a consistent baseline for AI governance across the state while allowing for local contextualization.
• Appropriate Use by Students and Staff: The policies developed at both state and local levels must explicitly address the appropriate use of artificial intelligence by both students and staff for educational purposes. This includes defining acceptable applications of AI tools in learning, instruction, assessment, and administrative tasks, as well as outlining prohibited uses. The goal is to leverage AI to enhance instruction and expand learning opportunities while preventing misuse.
• Data Privacy and Security Protections: A critical aspect of the mandated AI policies is the establishment of robust data privacy and security protections. The ODEW's model policy is designed to provide guardrails aligned with federal regulations such as the Family Educational Rights and Privacy Act (FERPA) and best practices for vendor data management. Local policies are expected to implement these protections, ensuring that student and staff data handled by AI tools is secure and used ethically.
• Academic Integrity and Ethical Considerations: Maintaining academic integrity in the age of AI is a key concern. The policies must address expectations for originality, proper citation when AI tools are used, and consequences for academic dishonesty, such as plagiarism, involving AI. Ethical considerations also extend to addressing potential biases in AI algorithms, promoting transparency in AI deployment, and ensuring equitable access to AI tools for all learners.
• Compliance with Federal Laws: The model AI policy from ODEW is designed to ensure compliance with relevant federal laws, including the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). This ensures that AI integration supports accessibility and equity for students with disabilities and other diverse learning needs.
• Vendor Oversight and Accountability: Given the proliferation of third-party AI tools, the policies are required to address vendor oversight and accountability measures. This includes processes for reviewing, approving, and monitoring AI tools from external providers, as well as considerations for vendor agreements and data practices. The aim is to ensure that AI tools procured for educational use meet established standards for privacy, security, and ethical use.
• Data Collection on AI Use: House Bill 96 reinstates language permitting the Ohio Department of Education and Workforce (ODEW) to collect data from districts and schools on their use of artificial intelligence. This provision is crucial for monitoring the implementation of AI policies, assessing the impact of AI on educational outcomes, and informing future policy adjustments.
• AI Integration in Community Colleges: Beyond K-12 schools, HB 96 also includes provisions for higher education. The bill establishes the Artificial Intelligence Integration in Community Colleges Pilot Grant Program. This program offers competitive grants of $100,000 each to community colleges to support initiatives aimed at integrating AI into credential programs, faculty training, student certifications, and the acquisition of necessary software or hardware. This demonstrates a broader state-level commitment to preparing the workforce for an AI-driven economy.

Implementation Framework

The implementation framework for Ohio HB 96's AI in schools provisions is structured around a phased approach, primarily driven by the Ohio Department of Education and Workforce (ODEW) and subsequently by local school districts. The timeline and responsibilities are clearly delineated to ensure a systematic integration of AI policies across the state.

Phase 1: Model Policy Development by ODEW
The initial phase required the Ohio Department of Education and Workforce to develop a comprehensive model policy on the use of artificial intelligence in schools. This task was mandated to be completed and the model policy released no later than December 31, 2025. The development process involved collaboration with the Ohio AI in Education Coalition, gathering input from various stakeholders, including educators, businesses, nonprofits, and government leaders, to ensure the policy is practical, relevant, and addresses diverse concerns. The model policy is designed to provide a ready-to-use template or a customizable framework for local districts.

Phase 2: Local Policy Adoption by School Districts
Following the release of the ODEW's model policy, the second phase mandates all traditional public school districts, community schools, and STEM schools within Ohio to adopt their own formal policies on the use of artificial intelligence. The deadline for this local policy adoption is July 1, 2026. Districts have the flexibility to either adopt the state's model policy directly or to create their own localized version. If a district chooses to develop its own policy, it must ensure that it aligns with the overall framework, principles, and key areas addressed in the ODEW's model policy.

Support and Resources: To facilitate successful implementation, the ODEW, in collaboration with its partners, is also responsible for providing resources and support to assist schools with effectively integrating these AI policies. This builds upon earlier initiatives, such as the AI Toolkit launched in February 2024 by InnovateOhio and The AI Education Project (aiEDU), which provided initial resources for K-12 school districts to begin policy development. Furthermore, the Ohio AI in Education Coalition, which released a comprehensive strategy in November 2024, recommended professional development and support for district personnel on how to effectively use AI in the classroom.

The implementation framework is designed to ensure that schools are not only compliant with the new legal requirements but are also equipped with the necessary guidance and resources to responsibly and effectively integrate AI into their educational practices. The tight timeline between the model policy release and the district adoption deadline emphasizes the urgency for districts to start planning and preparing for these changes well in advance.

Monitoring and Evaluation

Monitoring and evaluation mechanisms under Ohio HB 96, specifically concerning artificial intelligence in schools, are primarily centered on the role of the Ohio Department of Education and Workforce (ODEW). The legislation reinstates language permitting the ODEW to collect data from districts and schools on their use of artificial intelligence. This provision is crucial for the state to understand the landscape of AI adoption, assess the effectiveness of the implemented policies, and identify areas that may require further guidance or intervention.

The data collection efforts are expected to provide insights into various aspects of AI use, including the types of AI tools being utilized, the contexts in which they are applied (e.g., instructional, administrative), the demographics of users (students and staff), and potentially the challenges and successes encountered by districts in implementing their AI policies. By systematically collecting this data, the ODEW can monitor the statewide adherence to the mandate for AI policy adoption and evaluate the impact of these policies on educational outcomes, academic integrity, and student well-being.

While the bill mandates the adoption of policies, the continuous monitoring and evaluation aspect ensures that the regulatory framework remains dynamic and responsive to the evolving nature of AI technology and its implications for education. The insights gained from data collection can inform future updates to the model policy, the development of additional resources, and potential legislative adjustments to ensure that Ohio's approach to AI in schools remains robust and effective. The ODEW's ability to collect this data underscores its central role in overseeing and adapting the state's strategy for AI integration in education.

Penalties, Liability, and Appeals

Ohio House Bill 96, while mandating the development and adoption of artificial intelligence policies in schools, does not explicitly outline specific criminal penalties, civil penalties, fines, or an appeals process directly related to non-compliance with the AI provisions within the bill's text. The AI provisions are part of a larger operating appropriations bill, and the enforcement mechanisms for failure to adopt the required policies are not detailed in the publicly available summaries or analyses of the AI components of HB 96.

Typically, for mandates placed upon school districts by the state legislature, non-compliance could potentially lead to administrative actions, withholding of state funding, or other forms of oversight by the Ohio Department of Education and Workforce (ODEW). However, the specific legal consequences for a district failing to adopt an AI policy by the July 1, 2026, deadline are not articulated in the provided search results.

It is plausible that the ODEW, as the implementing and monitoring authority, would establish guidelines or procedures for addressing non-compliance, which might involve corrective action plans or other administrative remedies. Any such penalties or liability frameworks would likely be detailed in subsequent administrative rules, departmental guidance, or potentially in other sections of the Ohio Revised Code that govern general compliance for school districts. However, without explicit mention in the context of HB 96's AI provisions, it is important to note that direct penalties for failure to adopt an AI policy are not a stated component of this specific legislative mandate. Therefore, the onus of compliance largely rests on the administrative oversight of the ODEW rather than immediate punitive measures outlined within the bill itself.

Relationship to Other Instruments

Ohio House Bill 96 operates within a broader legislative and administrative ecosystem, establishing its relationship to other instruments at both the state and federal levels.

State-Level Instruments:

• Operating Appropriations Bill: Fundamentally, HB 96 is the state's main operating appropriations bill for the FY 2026-27 biennium. This means its provisions, including those related to AI in schools, are integrated into the state's overall budget and operational framework. Its enactment influences and is influenced by other budgetary allocations and state programs.
• Ohio Department of Education and Workforce (ODEW) Guidance: The bill explicitly mandates the ODEW to develop a model AI policy. This model policy, once released, becomes a critical administrative instrument that guides local school districts. It builds upon previous AI initiatives and resources developed by the state, such as the AI Toolkit launched in February 2024 by InnovateOhio and The AI Education Project (aiEDU), and the comprehensive strategy from Ohio's AI in Education Coalition released in November 2024. These prior efforts provided foundational guidance and resources that inform the content and direction of the mandated model policy.
• Existing School District Policies: The requirement for local school districts to adopt their own AI policies by July 1, 2026, means these new policies will interact with, and likely necessitate amendments to, existing district policies related to technology use, acceptable use, academic integrity, data privacy, and student conduct. The goal is for AI policies to align with and complement these established guidelines.
• Other HB 96 Provisions: Beyond AI, HB 96 includes numerous other provisions affecting education and other state functions. For example, it introduces new requirements for school districts regarding cellphone use by students during the instructional day and makes changes to interdistrict open enrollment laws. These diverse provisions within the same bill highlight its comprehensive nature and the need for coordinated implementation across various educational domains.

Federal-Level Instruments:

• Federal Education Laws: The ODEW's model AI policy is designed to ensure compliance with federal laws relevant to education, particularly those concerning student rights and accessibility. Specifically mentioned areas include compliance with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). This ensures that the integration of AI in schools upholds federal standards for equity and inclusion.
• Data Privacy Regulations: The model policy's focus on data privacy and security protections aligns with federal data privacy regulations such as the Family Educational Rights and Privacy Act (FERPA). This ensures that the handling of student data through AI tools respects established federal privacy safeguards.

In essence, HB 96 serves as a foundational state legislative act that sets the stage for a cascading series of administrative policies and local regulations, all while maintaining alignment with existing state frameworks and federal mandates. It represents a strategic effort to integrate AI into education in a manner that is cohesive with the broader legal and policy landscape.

International Alignment

Given that Ohio House Bill 96 is a state-level operating appropriations bill with specific provisions for the regulation of artificial intelligence in K-12 schools within Ohio, there is no explicit mention or requirement for alignment with international standards, treaties, or regulations. The primary focus of this legislation is on establishing a domestic framework for AI use in the state's educational system, addressing local needs and existing state and federal laws.

While the principles underlying the Ohio AI in Education Model Policy, such as ethical AI use, data privacy, academic integrity, and equitable access, resonate with broader international discussions and emerging global AI governance frameworks, HB 96 does not directly cite or mandate adherence to any specific international instruments or standards. The development of the model policy by the Ohio Department of Education and Workforce (ODEW) was informed by feedback from local and state stakeholders, rather than international bodies.

Therefore, while Ohio's approach contributes to the global discourse on AI in education by being one of the first states to mandate AI policies in schools, its legislative text and stated objectives do not include provisions for international alignment. The focus remains squarely on establishing a robust and responsible framework within the state's jurisdiction, while indirectly reflecting common principles observed in global AI ethics and governance discussions.

Implementation Timeline

Operating appropriations provisions of Ohio HB 96 became effective on June 30, 2025, while general provisions including Revised Code Section 3301.24 took effect on September 30, 2025. The Ohio Department of Education and Workforce released its model AI policy in December 2025 ahead of the December 31, 2025 statutory deadline. All Ohio K-12 public school districts, community schools, and STEM schools were required to adopt a formal AI policy by July 1, 2026.

Sources and References