Monday, April 28, 2014

Home-schooling Provides Alternative to Traditional Public Schools


Ohio’s “compulsory attendance” law requires all parents or guardians to send their children between the ages of 6 and 18 to a school that meets the State Board of Education’s minimum standards.

Q:       Can my children be excused from compulsory school attendance to be homeschooled? 
A:        Yes. You can ask your children’s public school district to excuse them from the compulsory attendance requirement so you can teach them at home (known as “homeschooling”).

Q:       If I want to homeschool, must I be my children’s teacher? 
A:        Not necessarily. A parent need not be the homeschool teacher, but the teacher must be deemed qualified to teach the state-required subjects and must, at minimum, have a high school diploma/GED or standardized test scores demonstrating high school equivalence.

Q:       What if I don’t have the minimum qualifications to teach my children at home? 
A:        If you are not minimally qualified, but want to provide the instruction yourself, you must find someone with a college degree to supervise your teaching until your child’s test results demonstrate reasonable proficiency or until you obtain a high school diploma or GED.
 
Q:       Who decides if I am qualified to homeschool my child?
A:        You will need to apply to the superintendent of the public school your child currently attends or is entitled to attend. The superintendent will examine your application and determine whether you are minimally qualified according to state requirements. 

Q;       What information must I provide on my homeschooling application?
A:        On your application (usually provided by the superintendent), you must give basic personal information and agree to provide your child with a minimum of 900 hours of home education each school year. Subject areas must include language, reading, spelling, writing, geography, national and state history, national, state and local government, mathematics, science, health, physical education, fine arts (including music), first aid, safety and fire prevention. You must also provide a brief outline of the intended curriculum and a list of teaching materials to be used.

Q:       What if our family’s religious beliefs conflict with the state’s required subject matter? 
A:        You do not have to include any concept, topic or practice that conflicts with sincerely held religious beliefs. 

Q:       How long does it take for my homeschooling application to be reviewed?
A:        The superintendent must review any application within 14 calendar days of receipt and determine if it is complete and complies with minimal requirements. If it is acceptable, the superintendent will excuse your child from school attendance for the remainder of the current school year. If incomplete or unacceptable, the superintendent will notify you and give you 14 calendar days to supply any necessary information.
            If the superintendent still denies your application, he or she must provide reasons for the denial and inform you of your right to a due process hearing. After the due process hearing, the superintendent will make a final determination. If your application is denied again, you have 10 days to appeal to the county juvenile judge. 
            Until the superintendent approves your homeschool application, your child must attend school. 

Q:       If I homeschool my children, must I show evidence of their academic progress?
A:        Yes. For each school year completed at home, you must submit to the superintendent: 1) the results of a nationally-normed, standardized achievement test; 2) a written narrative report prepared by a licensed teacher or a mutually agreed-upon third party; or 3) an alternative agreed-upon academic assessment.

Q:       What if my child isn’t meeting the necessary proficiency levels? 
A:        You must show the superintendent an appropriate remediation plan and provide quarterly updates on your child’s progress. 

Q:       Can my children re-enroll in the public school? 
A:        Yes. Your children can enroll or re-enroll in their residential public school district. The superintendent determines the appropriate placement considering your children’s most recent annual academic assessment report, scores on standardized achievement tests and other evaluation information. 

Q:       Is online schooling the same as homeschooling?
A:        No. Most online schools are publicly funded charter schools (“community schools”) where instruction is provided by a licensed teacher. 

Q:       Can my homeschooled child participate in a school district’s sports programs and extracurricular activities? 
A:        Yes. Ohio law now allows homeschooled children to participate in extracurricular activities offered by the public school they are entitled to attend. The law only applies to programs not included in any graded course, and homeschooled children must meet the same nonacademic requirements (e.g., tryouts) and financial requirements (e.g., payment of fees) as other participating children.

Q:       Will my homeschooled children get a regular high school diploma? 
A:        The State Board of Education does not recognize high school diplomas of homeschooled children. Also, colleges or employers may require homeschooled children to complete the GED test or other assessments to show they have met requirements that are equivalent to a high school diploma.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by attorney Mark A. Weiker of the Columbus firm Means, Bichimer, Burkholder & Baker Co., LPA, a member of the OSBA Education Committee. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

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Monday, April 21, 2014

Trusts Can Provide for Pet Care Following Disability or Death


Q:       How can I make sure my pet will be cared for if I become disabled or die? 
A:        Ohio adopted a version of the Uniform Trust Code in 2007 that lets you create a trust specifically for the care of your pet. Before that time, provisions in your will were “honorary”; that is, the person you named to care for the pet was not bound to carry out your wishes.

Q:       Can I cover all types of pets using a pet trust?
A:        Yes. The law covers any and all animals that are alive while you are disabled and at the time of your death. 

Q:       How is the trust funded?
A:        You can fund the trust with any assets immediately, perhaps with a life insurance policy or via the terms of your will or trust.

Q:        Can I arrange for pet care through my will?
A:        Pet care instructions included in a will cannot be enforced. Wills disburse property, and current law considers pets to be property. You can only ask that the person who gets your pet will take care of it and hope for the best. Also, your will takes effect only after you die and the will has been probated. This does not help your pet if you become disabled. Therefore, the best option is to have a trust created before your death, and let the trustee, caregiver and advocate know about it.  

Q:       How should I prepare a pet trust?
A:        To create an effective pet trust, take the following steps:
·       Select potential trustees, in order of your preference, to administer the trust.
·       Select potential caregivers, in order of your preference
·       Consider who will oversee the trust to make sure the terms are followed. Trustees have a fiduciary duty (financial obligation) to follow the terms of the trust. A series of named advocates can bring the trustee to court, if necessary.  
o   NOTE: An experienced trust attorney can help you understand the ramifications of trustee, caregiver and advocate, and based on those you have in mind, can help you set the trust up to provide the most protection for your pet.
·       Because there have been cases where the trustee "replaced" a dead pet with similar looking pets (and continued receiving trust funds),  you should provide your advocate with pictures of your pet and have the pet microchipped, if possible. To avoid amending your trust as you acquire pets in the future, add this language to the description of your existing pets: "…and any other pets I may have when I become disabled or die." Use the terms of the trust to provide for pictures and microchipping of any pets not specifically mentioned when you executed your trust.
·       Provide pet care instructions.
·       Note any health problems, medication or treatments and a schedule of veterinary visits.
·       Require the trustee to make sure the pet gets regular, thorough veterinary check-ups.
·       Require the trustee and advocate to make regular inspections.
·       Provide sufficient resources to cover pet care expenses and specify how funds should be distributed (e.g., annually, quarterly, bi-monthly). 
·       Provide funding necessary to administer the estate.
·       Consider taking out a life insurance policy, making the pet trustee the beneficiary.  Specify how any funds remaining after the animal’s death should be used. If you are asking a shelter to be your pet's caretaker, consider naming the shelter as the successor beneficiary. 
·       State how the animal should be treated after its death. If cremated, say what you want to happen to the ashes. If buried, name a cemetery that allows pet burials. In most areas of Ohio, pets can be buried in a private yard.

Q:       How much money will I need to fund my pet trust?
A:        Based on your pet’s life expectancy, compute an annual cost of care such as food and veterinarian care and add at least three percent. Also plan on paying the caregiver, trustee and advocate for their work.  Include the amount you are willing to pay in the trust terms. The caregiver, trustee, and advocate can refuse the job if they don't think the payment is adequate. An attorney familiar with trusts should be able to help you decide the source of pet care funds.
           
Do not over-fund your trust. This may invite a court challenge from heirs and beneficiaries. A court can reduce the amount of caretaking funds to an amount it deems is reasonable for the care of the pet.
 

This “Law You Can Use” legal information column was provided by the Ohio State Bar Association. It was prepared by Lima attorney Michelle L. Baumeister. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

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Monday, April 14, 2014

Ohio Dog Owners Must Follow State Laws


Many laws in Ohio deal with dog ownership and treatment. This article addresses the most basic laws applying to pet dogs.

Q:       I’m thinking of getting a dog for a family pet. Does Ohio have any dog laws I should know about?
A:        Yes. There are both state statutes and local ordinances. The state statutes define how a dog is determined to be dangerous, and what you can and cannot do with a dog. Local ordinances may ban certain breeds of dogs or restrict the number of dogs you can own in your private home. Local ordinances may also require certain immunizations for your dog. Some local ordinances also include leash laws. Ohio law, however, does not permit pet dogs to run loose. They must be under someone’s control, and if a dog is in heat, she must be on a leash.

Q:       Must I have a license for my pet dog?
A:        Yes. Every dog over three months of age must be registered with the county auditor by the 31st of every January. If your dog is not registered by January 31, your fee will double. Depending on local ordinances, you may have to pay a higher fee if the dog is not spayed or neutered. Also, your dog must wear a tag issued by the county auditor. If the dog warden sees a dog without a collar or tag on—even in your yard—the warden can seize the dog.

Q:       Does Ohio law prevent anyone from owning a dog?
A:        Yes. Ohio law now says that anyone who has been convicted of a felony since December 1, 2013, cannot own certain dogs. Such a felon cannot own or live in a residence with an unsprayed or unneutered dog, or any dog that has been deemed to be dangerous, until the felon has been released from all sanctions for a period of three years.  Even after that three-year waiting period, a felon who owns or lives with a dog must have the dog microchipped for permanent identification. This law does not pertain to any dog owned by a felon before December 1, 2013, or to people while they are in rehabilitation or correctional facilities.

Q:       Is there anything legal I have to do if I sell or give away a dog?
A:        Yes. If you transfer of ownership of any dog, you must give the buyer a signed transfer of ownership certificate. The certificate must contain the dog’s registration number, your name, and a brief description of the dog. You can get blank forms of this certificate from the county auditor, and you will have to pay a $5 fee when you record the form with the auditor. Before you transfer ownership or possession of any dog, you must give the dog’s prospective new owner, upon request, written notice about the dog’s behavior and propensities.

Q:       Does Ohio law consider dogs and other animals property?
A:        Yes. Ohio law considers pets to be personal property, except that the law does not allow you to abandon or throw away a pet as you might a piece of furniture. And while you are free to keep a piece of furniture out in the rain until it is ruined, there are laws in Ohio that protect dogs from inhumane neglect or abuse. 

Q:       Since my dog is my personal property, can I do anything I want with my dog?
A:        No. You cannot (or allow anyone else to) torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill or commit an act of cruelty against a dog (or any other companion animal). Also, you cannot neglect your dog or cause unnecessary pain, or allow the dog’s pain to continue when there is a reasonable remedy or relief; neither can you needlessly kill your dog. Further, you cannot deprive your dog of necessary food or confine the dog without providing adequate and wholesome food and water, and you cannot impound or confine your dog without providing access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight.

Q:       What if my dog hurts someone or someone’s property? Can I be held liable for damage or injuries?
A:        Yes. Damage caused by your dog is a strict liability offense. This means that, as long as your dog wasn't attacked, you will be responsible for any damage your dog may do. Therefore, you must properly restrain and control your pet dog at all times. Be sure the dog will not be able to escape from your property or wherever you are keeping it.         

This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association. It was prepared by attorney Michelle L. Baumeister.  Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.

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Monday, April 7, 2014

Ohio Businesses Must Comply with Ohio EPA Air Pollution Standards


Q:       I plan to buy a small manufacturing business in Ohio. Do I need an air permit?
A:        If you will be using manufacturing equipment, your business must comply with certain environmental regulations. In particular, air pollution regulations are closely monitored and enforced, so you should understand these regulations and obtain any appropriate permits. Ohio EPA may be willing to guide you in this process, but if you aren’t sure about your permitting status, consult an attorney.

Q:       When does Ohio require air permits?
A:        Ohio usually requires a “permit to install and operate” (PTIO) before air pollution sources are installed. An air pollution “source” may be anything from an industrial furnace stack to a paint booth, or even a gravel roadway that creates dust. 

Q:       Are there any exceptions to air permitting requirements?
A:        Yes. There is an exception for very small (“de minimis”) sources of air pollution that have the potential to emit no more than 10 pounds of any individual pollutant in a 24-hour period of continuous operation. This exception also applies to sources that would emit more than 10 pounds if operated continuously for 24 hours, but never do so in normal operations, but the operator must keep records showing that the 10-pound threshold is never exceeded.

Q:       Our pollution sources are small, but may not qualify under the “de minimis” source requirements. Might any other exceptions apply to us?
A:        Yes. If you don’t think you are a “de minimis” source, you still may be on Ohio EPA’s list of 45 types of sources that can receive “permanent exemptions” from air permitting. Some common sources that do not require permits include certain small boilers, tumblers, bakery ovens, laboratory equipment, small storage tanks and inkjet printers.
            Also, Ohio EPA has created “permits by rule” that exempt other types of small sources from having to obtain a PTIO, so long as they follow some basic notification and recordkeeping requirements. Such sources include certain types of auto body shops, gas stations, boilers/heaters fired by natural gas, printing facilities, emergency generators, compressors and water pumps, resin compression/injection molding, crushing/screening operations and soil remediation activities. Rather than getting permits for these sources, your company must follow certain specific rules.
            Ohio EPA also provides less complicated “general permit” PTIOs for other small sources. Your business must still need submit an application and obtain a permit, but the permit doesn’t take long to get, and is essentially already written. Sources requiring general air permits include certain aggregate processing, certain boilers, diesel engines, digester operations, drycleaning operations, mineral extraction, metal parts painting lines, ready-mix concrete batch plants, storage piles, and paved and unpaved roadways and parking areas.

Q:       What if our business doesn’t fall into any of the “small source” categories?
A:        If your facility has relatively minor sources of air pollution, but does not fall into one of the above categories, you must get a standard PTIO from Ohio EPA. You can get a form through the Ohio EPA’s website (www.epa.ohio.gov), and you can probably get assistance with your application from the Ohio EPA. If your company has larger sources of air pollution, you may need to get a federal permit under the New Source Review and Title V permitting programs. (Visit www.epa.gov/region05/air/permits/index.html for more information.)

Q:       What should I do if an Ohio EPA inspector visits my facility?
A:        You should prepare for unannounced inspections if you have environmental permits. To properly prepare, designate someone from your facility who understands the company’s operations and environmental issues to accompany the inspectors, explain the facility’s layout and operation, and to serve as the Ohio EPA contact person.
            When the inspectors arrive, you should find out: 1) contact information and title for each inspector; 2) what prompted the investigation (whether a complaint, a specific event or a routine inspection); and 3) what procedures will be followed during the inspection (areas to be inspected, records to be reviewed, samples to be taken). If there is any indication that the inspection may be part of a criminal investigation, contact legal counsel immediately.
            During the inspection, stay with the inspectors and take notes of the inspector actions and questions. If samples are taken, note the collection process and get split samples. If an inspector takes photos, do the same. Answer questions fully, but do not speculate or volunteer information.
            After the inspection, ask for an exit interview. Try to learn if the inspector observed any deficiencies requiring follow up. Finally, document all inspection events and conversations in a written report, and identify all documents shared with the inspectors. Following these steps will minimize your risk of liability and help you respond to any further agency action.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Cincinnati attorney Thaddeus H. Driscoll of Frost Brown Todd LLC. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

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