Ohio’s independent and private colleges won't be held to some provisions of Senate Bill 1, the anti-diversity law that took effect at state universities last week. An earlier version of the two-year, $60 billion state budget would have affected the ability of those schools to get money from state scholarships. But those private and independent schools are relieved that was removed from the budget before it was signed into law.
In their version of the budget, Ohio House GOP lawmakers extended the Governor’s Merit Scholarship program, which awards scholarships to students who make the top 5% of their graduating class if they stay in-state for school. And lawmakers created new conditions private and independent universities and colleges would need to meet to stay eligible for the scholarships. The Senate removed those provisions.
Association of Independent Colleges and Universities of Ohio President Todd Jones said all this would have required schools he represents to comply with Senate Bill 1, the anti-DEI law now in place for public universities, in order to allow students from Ohio to get state-sponsored scholarships.
“Philosophically, there is a difference between public institutions and private institutions in how we operate and how we are held accountable," Jones said. "We are accountable to our boards, as public entities. And at a certain base level, we are accountable to our attorney general for how we go about holding up our financial obligations as non-profits. But that's very different than how public schools are held accountable by their public boards and by the legislature."
Jones said the First Amendment applies differently to his schools, some of which have religious affiliations.
"There’s a fundamental difference between public entities and private entities and the First Amendment applies differently," Jones said. "We know that there is very clear language in appeals court decisions and Supreme Court decisions that differentiates the speech rights of public institutions versus independent institutions."
In addition to operating differently, Jones said private and independent colleges and universities are also funded differently.
"State institutions receive billions of dollars a year from the state to operate in a manner consistent with how the state directs. Non-profit institutions do not receive money directly," Jones said.
Jones said the scholarships students receive from the state belong to those students, not the schools that accept them. He said he’s pleased his schools' students will still be able to get direct aid from the state in this new budget because it will keep talented young people who choose to attend a private or independent college in Ohio.
