Ohio lawmakers are moving to significantly increase state oversight of American civics courses in public higher education, with State Sen. Jerry Cirino, R-Kirtland, introducing Senate Bill 461 to refine and expand upon previous legislation.
Senate Bill 461 proposes creating an Ohio Civics Board that would hold “sole and exclusive authority over all aspects of American civic literacy courses,” according to the bill's provisions. This authority would encompass decisions on course structure, syllabi, class sizes, faculty instructors, and the specific content taught in these courses.
The new bill follows Senate Bill 1, which was enacted in the spring of 2025. That earlier law included a requirement for newly mandated civics courses to incorporate readings of at least “five essays in their entirety from the Federalist Papers.” While the U.S. Court of Appeals for the 11th Circuit, in the case of Pernell v. Florida this summer, affirmed that governments can dictate programs but not viewpoints, a specific clause within SB 1 began to shift this dynamic. SB 1 stipulated that department chairs would select which Federalist Papers essays would be taught. This provision marked a notable departure in Ohio law by establishing the power of a state functionary to influence how a subject is taught.
Sen. Cirino has openly expressed his intent behind the follow-on legislation. He indicated that SB 461 is designed to “close the loophole” he observed in the implementation of SB 1, particularly concerning how American history was being presented. On a podcast hosted by Ohio Senate Majority Communications Director John Fortney, Sen. Cirino addressed concerns about a textbook designed to meet SB 1's requirements “without endorsing the patriotic narrative.” He stated, “we’re not going to have any of that in the state of Ohio.”
Cirino further explained that SB 461 aims to prevent what he termed “funny business” by academicians. Under the new bill, he noted, “the directors of the five centers as a group need to be the ones in the future who will be approving the courses that qualify,” to ensure courses align with the legislature's intent.
Historically, the U.S. Supreme Court has cautioned against state interference in academic matters. In the 1957 case of Sweezy vs. New Hampshire, the court warned states that “liberties in the areas of academic freedom and political expression” were “areas in which government should be extremely reticent to tread.” For about 75 years, courts have generally maintained that while states can specify course topics, they should not dictate the conclusions instructors draw, provided discussions remain relevant to the course and within the instructor’s expertise. The provision in SB 1 allowing department chairs to select specific essays was the first time Ohio law specifically granted a state-beholden bureaucrat the power to choose how a particular subject is taught.
Senate Bill 461 outlines a robust and insulated structure for the proposed Ohio Civics Board. The board would consist of five individuals identified as “GOP loyalists.” These board members would not be elected by the public, nor could they be removed or appointed by the governor. The board is also envisioned to have significant financial independence, directly receiving tuition dollars from students enrolled in its classes. Furthermore, if the Ohio legislature were to reduce its allocated funding to these civics centers, universities would be compelled to cover any budget shortfall from their own general funds.
Sen. Cirino elaborated on the design of the Ohio Civics Board, explaining that its structure is intended to “solidify this a little bit more and protect it.” He indicated that these measures are necessary because “there will be future governors, future chancellors, future legislators, who may want to… water things down.”
Ohioans who value the quality and independence of their colleges and universities may find it worthwhile to monitor the progress of Senate Bill 461 as it advances this fall.