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.

Q:       Are students protected by the Fourth Amendment to the United States Constitution? 

A:        Yes. Under the Fourth Amendment to the U.S. Constitution, all people, including public school students, are protected against “unreasonable searches and seizures.” Any type of search that school officials conduct implicates the Fourth Amendment and its protections. 

Q:       Is a drug or alcohol test considered a search under the Fourth Amendment? 

A:        Yes. A drug test (usually administered by obtaining a urine sample) or alcohol test (usually administered through a breathalyzer) both qualify as a “search” under the Fourth Amendment. Since the Fourth Amendment applies to drug/alcohol tests administered to students, the question often becomes whether it was reasonable to conduct the search or test.   

Q:       When can public school officials test students for drugs or alcohol?  
A:        Public schools are responsible for ensuring the safety of all students. For this reason, public school officials are not held to the higher “probable cause” standard law enforcement officers must meet to conduct searches. School officials also do not need a search warrant to conduct a search (or test).  Rather, school officials may test a student for drugs or alcohol if they have a “reasonable suspicion” that a student is under the influence of drugs or alcohol at school or during a school-sponsored event. 

Q:       What does it mean to have a reasonable suspicion? 
A:        Having a “reasonable suspicion” means that there are reasonable grounds to suspect that a search (or test) will provide evidence that the student violated a school policy or rule. The reasonableness of any search (or test) depends on the facts and circumstances of each situation. 

Q:       What are some examples of reasonable suspicion? 

A:        If a student is noticeably impaired and has alcohol on his/her breath, school officials would have a reasonable suspicion to conduct a breathalyzer test. Also, noticeable impairment combined with information received from a credible source about the same student’s recent consumption of drugs or alcohol would likely constitute a reasonable suspicion. However, a student’s misbehavior alone would not justify drug/alcohol testing if there were no other indicators that the student was using drugs or alcohol. 

Q:       Can a school implement a random drug-testing policy for all students? 
A:        No; public schools may not implement a purely random (or “suspicionless”) drug-testing policy for all students in attendance. Such a policy has been held to violate the Fourth Amendment. However, public schools may implement a random drug testing policy for all students who participate in competitive activities (specifically including, but not necessarily limited to athletics, band, choir and cheerleading). Also, one court upheld a random drug-testing policy to include any student who received a school parking permit. So, practically speaking, a public school can randomly drug test a large portion of its students. 

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. 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.

Q:       What is an online school? 

A:        In Ohio, an online school (a.k.a. “virtual school” or “e-school”) is a type of community school, meaning that it is a non-profit, non-sectarian school that operates independently of any traditional school district. Online schools have existed in Ohio since 2000. These schools typically accept students from across the state because there are no district boundaries as with traditional schools. Students of online schools may attend class from a home computer or may use a local computer lab or classroom established by the online school. Like all community schools, online schools must operate under a contract with a non-profit sponsoring entity, which could be a traditional school district or an educational service center.

Q:       How are online schools approved to operate?

A:        Online schools must be approved to operate (“chartered”) by the Ohio Department of Education (ODE). As of 2013, the ODE approves no more than five new online schools each year. The ODE’s criteria for approval is based largely on the proposed sponsor’s experience in education and the quality of education that the ODE determines the school’s proposed sponsor and/or operator is able to provide. If approved, an online school must continue to comply with the standards for operation adopted by the ODE. The online school must also abide by the contract with its sponsoring entity. 

Q:       How are online schools funded?

A:        Online schools, like other community schools, are publically funded. They receive per-pupil foundation payments from the ODE for regular and special education students enrolled in the school. Online schools are also eligible for federal funding and private grants. Online schools do not receive real estate tax revenues like traditional school districts. 

Q:       Are online school teachers licensed?

A:        Yes. Online school teachers must comply with all of the ODE’s certification and licensing requirements, although teachers may teach outside of their areas of certification. Most online school administrators do not have to be licensed, however. 

Q:       Must online school students take the same tests Ohio requires for public school students?

A:        Yes. Online school students must take all state-required tests, including diagnostic assessments, proficiency tests, the Ohio Achievement Assessment (OAA) and the Ohio Graduation Test (OGT). 

Q:       How is online schooling different from home schooling?

A:        Although online school students may actually do the majority or even all of their school work at home, they are not considered to be “home schooled.” Rather, home schooled students are students excused from attending their traditional school district so they can receive instruction from a parent or guardian. To be approved for home instruction, the parent/guardian directing the home education must provide certain assurances to the superintendent of the traditional school district about his/her ability to teach effectively. The parent or guardian must teach certain core subjects, including but not limited to history, government, language, reading, writing, mathematics, science, health, physical education and the fine arts. Each home-schooled student must also be provided a minimum of 900 hours of education each school year.  Once approved for home schooling by the superintendent, the parent/guardian selects the educational materials and takes responsibility for educating the student.

            One important difference between online schooling and home schooling is that students who graduate from online schools receive diplomas that are recognized by the State Board of Education, while home-schooled students do not. This is not to say that home schooled students cannot receive credit for their previous education or continue to college. Colleges, universities and employers have discretion in deciding whether to accept credits or credentials issued by a home-schooled student. 

            Another difference surfaced with a law enacted in the fall of 2013 that requires traditional public school districts to give home-schooled students residing in the district the opportunity to participate in extracurricular activities offered by the district. This same opportunity to participate is currently not offered to students attending online schools. However, online schools may offer their own extracurricular activities and social opportunities for their students. 

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. 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.

Q:       What is a joint vocational school (JVS)? 
A:        JVS districts are considered public school districts in Ohio. They provide career-technical education and workforce development for students from member high schools, which are usually located within a designated geographic area. (As an alternative to becoming a member of a JVS district, a public high school may provide career technical education “in-house” and invite students from other public school districts to attend.) 

Q:       What kind of career preparation does a JVS provide?
A:        JVS districts provide students with training through hands-on labs and workforce development. Programs may be offered in a number of diverse fields, including but not limited to agriculture, business and marketing, construction, education, engineering and science, law and public safety, government and public administration, hospitality and tourism, health sciences and information technology. 

Q:       How are joint vocational schools funded?

A:        JVS districts receive per-pupil foundation payments from the state, similar to traditional public schools. In addition, JVS districts may receive funding from taxes assessed on property owners in the district. JVS districts are also eligible for federal funding. 

Q:       Are joint vocational school teachers licensed?
A:        JVS teachers are required to comply with all of the Ohio Department of Education’s certification and licensing requirements for career-technical educators. 

Q:       How are joint vocational school students tested?

A:        JVS students must take state-approved career-technical assessments. JVS students must also take all graduation tests required of traditional public school students.

Q:       Can a student who graduates from a JVS qualify for admission to a college or university?
A:        Yes. While some JVS programs prepare students to enter the workforce immediately after high school, many programs are specifically designed to prepare students to transition into postsecondary education. JVS districts are also required to offer students a “dual enrollment” opportunity, often achieved through the post-secondary options program, which allows students to earn college credit before they graduate from high school. 

Q:       Is transportation provided to joint vocational schools?

A:        Transportation must be provided to the JVS district by the public high school that serves as the student’s home district. Transportation is provided between the home district’s high school and the JVS. 

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. 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.

Q:       I am divorced and my ex-wife is listed as the “residential parent for school placement purposes” in our parenting plan.  My son’s school will not allow me to see his school records since my ex-wife’s name is the only name on the records. Can the school refuse to let me see my son’s records?

A:        No. Unless the school has been presented with a court order that says you have no right to access to your child’s school records, the school is required by law to give both you and your wife the exact same access to your child’s records, even if you are not your son’s residential parent. Assuming your parenting plan has no such restriction, the school was wrong in not allowing you access to your son’s school records.

Q:       Does this rule apply to both public and private schools?
A:        Yes. Both public and non-public schools must comply with Ohio’s “records access law.” Only a court can restrict a parent’s right of access to most records regarding a child, including school records. In order to restrict the access, the court must make a specific finding as to why a parent’s right of access should be limited and the circumstances under which the parent can obtain access. For example, if the court decides it is not in the child’s best interests for the non-residential parent to have access to school guidance counseling records, then the court would have to specifically state its reasons for that decision in its court order. In such a case, the court order would specifically deny the non-residential parent access to school guidance counseling records, but would still allow the non-residential parent access to the child’s grades or other records.   Only with a copy of that court order can the school legally restrict your access to any of your child’s records.

Q:       Does this rule only apply to “shared parenting” plans, or does it also apply to any kind of parenting arrangement when parents are divorced?

A:        This applies to any kind of parenting arrangement, even if the non-residential parent sees his or her child on an extremely limited basis.

Q:       What kinds of records does the “right of access” cover?

A:        There is a very long list of the kinds of records the “right of access” covers. Except when a court specifically denies a parent access to particular records through a court order, a parent has access to “any record, document, file or other material containing information directly related to a child.”

Q:       My ex-wife always takes our children to the doctor. When I called the doctor’s office for information about a medicine my son is taking, the receptionist said my ex-wife would have to sign a release of information form before she could share any information from my son’s record. Can the receptionist do that?

A:        No. Your “right of access” to your child’s records applies to a long list of public and private businesses that are obligated to give you access, including doctor’s offices,  schools, child care facilities (day care centers), hospitals, doctor’s offices, dentist’s offices, psychologists, school counselors, and most state agencies. In the statute, the list is much longer.

 

Q:       Might a doctor’s office violate the HIPAA privacy laws by giving my ex-wife access to our child’s medical records?

A:        Generally, no.  Although there are limited exceptions, a doctor’s office does not violate HIPAA by giving a parent access to his or her child’s medical records, since a minor child’s “personal representative” is allowed to have access. If a doctor’s office does claim that it cannot release records because of HIPAA, then that office should be prepared to establish that one of those limited exceptions applies. In such a case, you may wish to involve your legal counsel to help you obtain the records you seek.             

 This “Law You Can Use” column was provided by the Ohio State Bar Association (OSBA). It was prepared by Columbus attorney Bobbie Corley O’Keefe of Carlile Patchen & Murphy LLP. The column offers general information about the law. Seek an attorney’s advice before applying this information to a legal problem.    

Q:       What is a private school?  
A:        Private (or non-public) schools fall into two categories in Ohio: chartered and non-chartered.  The majority of private schools are chartered.   

To be considered a “chartered” private school, the school must apply for and receive a charter from the State Board of Education. To receive a charter, the school must meet certain requirements adopted by the State Board of Education, including a requirement that the school comply with the Operating Standards for Ohio Schools. Chartered private schools consist of schools that are both sectarian and non-sectarian. A “sectarian” school is one that is affiliated with a “sect,” which is most commonly a religious organization. (Note: A “chartered private school” should not be confused with a “community school,” which is sometimes referred to a “charter school” in Ohio.)  A community school is publicly funded, but is granted some flexibility with regard to public school rules and regulations

Q:       How are private schools funded?

A:        Chartered private schools do not receive per-pupil foundation payments from the Ohio Department of Education or real estate tax revenues. For this reason, private schools are largely funded privately and students usually pay tuition. Chartered private schools may, however, receive reimbursement from the Ohio Department of Education for mandated services and certain administrative costs. Private schools may receive federal funding for providing special education services and other education-related services. 

Q:       Must private school teachers be licensed?

A:        Yes. Chartered private school teachers are required to comply with all of the Ohio Department of Education’s certification and licensing requirements. 

Q:       What are the testing requirements for private school students? 

A:        Chartered private school students must take annual standardized tests and the Ohio Graduation Test (OGT). Other state tests are optional.  

Q:       Is transportation provided to private schools? 

A:        The public school that serves as a student’s home district must provide transportation to the chartered private school as long as the student lives more than two miles from the private school and the private school is less than 30 minutes away from the public school that the student would have attended. 

Public schools may provide payments in lieu of transportation if it deems the transportation to be impractical. Public schools are only required to provide transportation for chartered private school students in grades K-8, unless the public school already provides transportation for its own high school students. If that is the case, the public school must provide such transportation to high school students in its district who attend private schools.  

Q:       What is a non-chartered private school? 

A:        A non-chartered private school is one that has not sought a charter from the State Board of Education, usually because of truly held religious beliefs. Because such schools are not chartered by the State Board of Education, no assistance is provided by the state or by public school districts. Also, colleges, universities and employers have discretion in deciding whether to accept credits, graduation credentials or a diploma issued by a non-chartered school.

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. 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.

Q:       What is a public school?  
A:        Public schools are the “traditional,” publicly funded primary and secondary schools that include city, exempted village, local and joint vocational school districts. Public schools are operated under the direction of boards of education, which usually consist of 5 members elected from within the district. While Ohio’s community schools (“charter schools”) are also public schools, this article focuses on traditional public schools. 

Q:       How are public schools funded?  

A:        Ohio’s public schools receive federal, state and local funding. Federal funds are provided primarily through incentive-based programs such as the No Child Left Behind Act (NLCB) and the Race to the Top (RttT). Federal funds are also provided through the Individuals with Disabilities Education Act (IDEA) for special education services. 

State funding comes primarily from Ohio Department of Education per-pupil foundation payments, which are adjusted to some degree based on district size and need.

Local funds come primarily from taxes paid by real property owners in the school district. Local funding can vary widely among districts, depending on a district’s overall real estate values. Largely because of this variance in real estate values and taxes collected, the Supreme Court of Ohio ruled in 1997 that Ohio’s school funding was unconstitutional.  The Court’s decision has resulted in some school funding equalization, but funding inequity remains a challenge. 

Q:       Must public school teachers be licensed?

A:        Yes. Public school teachers must comply with all Ohio Department of Education certification and licensing requirements. At a minimum, a public school teacher must earn a bachelor’s degree from an accredited institution, complete a teacher preparation program (including field experience and student teaching), pass a licensure examination and possess good moral character.

 Q:      Can a public school choose the students it will and will not serve?
A:        No. Ohio law requires all children between the ages of six and 18 to attend either a private or a public school, and public schools must admit any child of school age residing within its district. Public schools may adopt an open enrollment policy (tuition-free attendance) for students residing in adjacent or non-adjacent district, but may not exclude students residing in the district.

A public school may remove (suspend or expel) a resident student for violations of the student code of conduct. Ohio laws also require students to be removed from school in certain serious situations (e.g., involving weapons or threats). 

Q:       Do students ever have to pay tuition to attend a public school?
A:        Occasionally. The general rule is that students may only attend school tuition-free in the district where their parents reside. This applies to natural or adoptive parents and to the residential parent if the parents are not married. First, schools may allow students outside of their district to pay tuition to enroll, and students may opt to do so. Second, if neither parent resides in the district where the student resides, the district where the student resides may charge tuition. In many cases, however, the cost of tuition must be “charged back” to the school district where the parent(s) reside, so that the student is not responsible for the cost. There are several exceptions to this general tuition rule, including exceptions for children in foster homes, families buying or building a home in the district, children of school employees and special education students. 

Q:       How are public school students tested?

A:        Public school students must take all state-required tests, including diagnostic assessments, proficiency tests, the Ohio Achievement Assessment (OAA) and the Ohio Graduation Tests (OGT).  In 2012, Ohio adopted the Third Grade Reading Guarantee, which requires districts to diagnose reading deficiencies for students in grades K-3, to implement reading improvement and monitoring plans, and to provide intensive reading interventions. Assessments and proficiency testing for special education students may be exempted or modified, depending on the student’s Individualized Education Plan (IEP). 

Q:       Is transportation provided to public schools?

A:        Transportation must be provided for students in grades K-8 who live more than two miles from school. Transportation may be provided for students living less than two miles from school or for students attending high school, but neither is mandatory. The student’s public school district also must provide transportation to any private school, as long as the student lives more than two miles from the private school and the private school is less than 30 minutes away from the public school that the student would have attended. Public schools must provide such transportation for private school students in grades K-8 only, unless the public school already provides transportation for its own high school students, in which case it must provide the same for students attending private schools.

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. 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.