Testing Your Faith Act (H.B. 353)

House Bill 353 (H.B. 353) took effect this past Spring 2023 Semester. Under this House Bill students need to be reasonably accommodated in regard to academic requirements including exams and academic absences for sincerely held religious beliefs and practices. Students must be permitted up to three days of absence per semester, without penalty, for religious holidays or to participate in organized activities conducted under the auspices of any religious or spiritual organization. To ensure compliance with H.B. 353, Kent State University adopted a new administrative policy regarding accommodations for student religious and spiritual beliefs (3-01.14).

Syllabi should include information on how to request an accommodation. Under current guidance, students need to submit a request in writing to the instructor within 14 days after the first day of instruction. Instructors must accept without question the sincerity of a student’s religious or spiritual belief system and keep requests for accommodations confidential.

Syllabus Statement Suggested Language

The University welcomes individuals from all different faiths, philosophies, religious traditions, and other systems of belief, and supports their respective practices. In compliance with University policy and the Ohio Revised Code, the University permits students to request class absences for up to three (3) days, per term, in order to participate in organized activities conducted under the auspices of a religious denomination, church, or other religious or spiritual organization. Students will not be penalized as a result of any of these excused absences.

The request for excusal must be made, in writing, no later than fourteen (14) days after the first day of instruction in a particular course and include the date(s) of each proposed absence or request for alternative religious accommodation. The request must clearly state that the proposed absence is to participate in religious activities. The request must also provide the particular accommodation(s) you desire. 

You will be notified by me if your request for accommodation is approved, or, if it is approved with modification. I will work with you in an effort to arrange a mutually agreeable alternative arrangement. For more information regarding this Policy you may contact the Student Ombuds (ombuds@kent.edu).

Frequently Asked Questions

Faculty FAQs

How does the first fourteen (14) days of the semester requirement apply to summer terms and/or flexibly scheduled courses (e.g., half-semester offerings)?

The language of Ohio House Bill 353 (HB353) does not differentiate based on the length of term. The first fourteen days applies to the first fourteen days of any term, including summer term and flexibly scheduled courses.  

How should I respond to requests for excused absences made after the first fourteen (14) days of the semester? 

Such a request is not addressed, and therefore not considered, under the guidance of HB353. However, as an instructor you have flexibility about how to handle such requests.

What are some examples of excused absences associated with organized activities conducted under the auspices of a religious denomination, church, or other religious or spiritual organization? 

Please refer to the Non-exhaustive List of Religious Holidays/Holy Days for a better understanding of excused absences under the approved H.B. 353. However, do note that you are not allowed to question students about their requests. Requests must be presumed to be legitimate.

If a student asks for permission to participate in a religious or spiritual activity, and the request is submitted past the first 14 days, am I prohibited from granting permission to be absent from class? 

You are not prohibited from granting permission to be absent if the request is submitted beyond the first 14 days.

Do I need to adjust deadlines and/or allow for make-up sessions if/when an excused absence occurs on a project due date and/or scheduled exam date? 

Yes, according to HB353 you must adjust deadlines and/or allow for make-up sessions in consultation with the student. 

If students have 1-week to complete an assignment and they miss three days for religious observances, do they still have to turn in their assignment on time? 

 Not necessarily. It may depend on the type of assignment and relation to learning outcomes, but the due date should be discussed with your student.

I offer students the opportunity to drop their lowest grade on a test/assignment. Can this option substitute for an excused absence? 

No, this option cannot substitute for an excused absence and accommodation.

What if a student requests more than three days of absences citing religious/spiritual beliefs? 

Approval of such a request is not required under the guidance of HB353. However, as an instructor you have flexibility regarding how to handle such requests.  

According to H.B. 353, “an instructor shall schedule a time and date for an alternative examination, which may be before or after the time and date the examination or other academic requirement was originally scheduled but shall do so without prejudicial effect.” How much latitude does an instructor have in determining the date/time of the alternative exam or academic requirement? Is the student able to negotiate an optimal time for themselves, and is the instructor obligated to negotiate with the student? How is “prejudicial effect” determined? 

Ideally the instructor and student will work together to determine the best alternate date for completion of missed work. When framing this decision to avoid “prejudicial effect” there will likely be negotiating on both the part of the instructor and the student to ensure the required assignments are completed in a timely manner and in relation to the learning outcomes for the course.

Per accreditation stipulations of a particular academic program, students are permitted to be absent from class during the semester. If a student is absent for three or more classes because of religious reasons, and has additional absences because of other policy-approved (3-01.2) reasons (medical illness/injury, etc.) thereby exceeding the limit of accreditation-approved absences, how should this be addressed? 

Students are permitted to use the “three days of absence per term” per the language in H.B. 353 but cannot exceed the maximum amount of approved absence from class per term. For additional clarification of university policy regarding of class attendance and absence, please refer to the Policy Register for additional clarification.

Am I permitted to ask for documentation verifying that the reason for the student’s absence is due to a religious belief/practice? 

No, under HB353 you are not permitted to ask for verification.  

Am I required to include this statement on my syllabus? 

You are not required to use the exact language that has been suggested, but you are required to include a statement in your syllabus.  

Does the “three days of absence per term” refer to absences per class or is it inclusive of the whole semester? For example, if a student is in both my MW class, and my TR class, are they permitted 3 absences per class (3 MW and 3 TR), or per semester? 

No, the policy reads “three days per academic semester”.  Please refer to Section 1 3345.024(A) of H.B. 353 for additional clarification.

Student FAQs

Because of my religious/spiritual belief, I will be absent from class on the day of a test, or the day an assignment is due. My instructor said I had to take the test/turn in the assignment a day before the rest of class. Can they dictate when I make-up the missed test/assignment? 

They can.

If I have an assignment that is due one-week after it has been assigned, and I have an excused absence for three days in the middle of the week, do I automatically get a 3-day extension on the assignment, or is it the same due date? 

No. You are expected to either turn the assignment in prior to your three-day absence or work with your instructor(s) to come up with a solution to when the work must be submitted.

What are some examples of excused absences associated with organized activities conducted under the auspices of a religious denomination, church, or other religious or spiritual organization? 

Please refer to the Non-exhaustive List of Religious Holidays/Holy Days for a better understanding of excused absences under the approved HB353.

What are my responsibilities if I want/need to be absent from class because of my religious/spiritual beliefs and/or observances? 

You are responsible for appropriately informing your instructor(s) of the dates that you will be absent from class within the first 14 days of the semester. You are also responsible for working with your instructor(s) to identify the due date for any missed work (e.g., assignments, quizzes, exams, papers).

What if my religious/spiritual beliefs require more than three absences? 

Under the specifications in HB353, you are only approved to miss three days of class for religious/spiritual beliefs. Additional days of absence will be handled according to existing university policy on classroom absence. Please refer to Policy Register for additional clarification.

What should I do if my professor is asking me uncomfortable personal questions about my religious or spiritual practices after I request an excused absence? 

You are not required to answer any personal questions from your instructor(s) regarding your request of absence for religious or spiritual reasons. If you have concerns about the nature of questions being asked by your instructor, you may contact the Student Ombuds at 330.672.9494 or ombuds@kent.edu.

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