Ohio Senate Bill SB49

Ohio 2025-2026 Regular Session

• Introduced: 1/28/25

Caption

To amend sections 3313.41, 3318.08, and 5705.10; to enact new section 3313.411; and to repeal sections 3313.411, 3313.412, and 3313.413 of the Revised Code to eliminate the right of first refusal for certain schools in the acquisition of school district real property.

Summary

SB49 revises Ohio law governing how school districts dispose of real property and how certain schools may acquire it. The bill removes the existing right of first refusal for community schools, college-preparatory boarding schools, and STEM schools when a school district sells real property, and replaces that framework with a new restriction that generally bars those schools from reselling property they purchased from a district within five years, unless the resale is to another qualifying school governing body. It also updates related school-district property sale provisions and cross-references in the school facilities construction statutes. The bill also preserves and clarifies other disposal options for school districts, including public auction, private sale after an unsuccessful auction, sale to specified public and nonprofit entities, and donation of low-value unneeded property to eligible 501(c)(3) nonprofits under a structured donation program. In addition, it amends the school facilities construction agreement statute so that districts participating in state-assisted construction projects must comply with the revised property-disposal rules before selling or demolishing facilities, and it adjusts the statute governing use of proceeds from the sale of district real property.

Impact

SB49 would amend sections 3313.41, 3318.08, and 5705.10 and repeal existing sections 3313.411, 3313.412, and 3313.413, thereby changing the legal process for school district property transactions in Ohio. The most direct effect is to eliminate the right of first refusal for certain schools to buy district real property and to impose a new five-year resale restriction on property those schools acquire under the prior law. It also reinforces how school districts must handle proceeds from the sale of real property and ties compliance with the revised disposal rules to state school construction funding agreements.

Sentiment

Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the bill appears to be a targeted policy change rather than a broadly controversial measure. Its stated purpose is administrative and structural: to remove a preferential acquisition right for certain schools and align related statutes accordingly. No formal vote history or transcript record is available here to show support or opposition, but the bill’s framing suggests an intent to tighten control over district property transfers rather than expand them.

Contention

The main point of contention is likely the elimination of the right of first refusal for community schools, college-preparatory boarding schools, and STEM schools, which could reduce their ability to acquire surplus district property before it is offered elsewhere. Those schools would be the most directly affected parties, while school districts and state facilities officials may favor the change if they view it as giving districts more flexibility and control over asset disposition. A secondary issue is the new five-year limit on resale of property acquired under the prior law, which may be seen as preventing speculative transfers or, conversely, as restricting legitimate school property management.