Ohio Homeschooling Law Changes: What Parents Need to Know

The number of homeschooled students in the United States dramatically rose during the COVID-19 pandemic. This growth largely sustained itself through the 2022-2023 academic school year, cementing homeschooling as America's fastest growing form of education. In 2019, the National Center for Education Statistics reported that there were 1.5 million homeschooled children in the United States. The Washington Post recently estimated that number has risen to somewhere between 1.9 million to 2.7 million children, but there has not been an official federal estimate since 2019 [1].

In October 2023, homeschool law in Ohio experienced a major overhaul due to the signing of House Bill (H.B.) 33 which greatly reduced regulatory hurdles for homeschooling families. [2] So, what does this mean for Ohio students?

Under the new law, “home education” is defined as the “education of a child between the ages of six and eighteen years of age, that is directed by the child’s parent.” Under the previous law, parents/guardians were required to send an initial notification within one week from the child’s withdrawal from school, or no later than the first week of the school year. Now, parents/guardians must notify their superintendent within five calendar days after initially withdrawing from school and on the thirteenth day of August each additional year they chose to homeschool.

The notification must include…

• The student’s name

• The student’s address

• A signature from a parent/guardian

• An assurance that the home education with include instruction in the following: English language arts, mathematics, science, history, government, and social studies

Once the notification is received, the district superintendent must release the student from compulsory school attendance, and districts cannot request any additional information from the family. In addition, parents/guardians who chose to home educate their students are fully responsible for selecting curriculum and course materials for their children; there is no financial assistance from the state for these families.

Previously, when issuing a notification, parents/guardians were required to also include a syllabus outline as well as course materials. In addition, they were required to assure that their student would be provided with a minimum of 900 hours of home education each school year as well that the home teacher had a high school diploma or other equivalent accreditation. Each year, parents/guardians were also required to submit an assessment or evaluation of an education portfolio to show their students proficiency. These requirements were removed with the passing of H.B. 33.

Parents should also be sure to keep in mind that if they choose to enroll their student in a public school after being homeschooled, they shall be placed in the appropriate grade level, without prejudice and based on the district’s policies [3].

Sources

[1]https://www.washingtonpost.com/education/interactive/2023/homeschooling-growth-data-by-district/

[2]https://www.wfmj.com/story/49600360/new-law-changes-homeschooling-requirements-in-ohio

[3]Am. H. B. No. 33 (135th G.A.)

If you have questions or concerns about homeschooling, please reach out to Abdnour Weiker, LLP at www.Lawyers4Students.com or (614) 475-2001.

Understanding the Basics of Open Enrollment in Ohio: FAQs for Parents and Guardians

In this article, we address the frequently asked questions (FAQs) that parents and guardians commonly inquire when contemplating open enrollment for their children in Ohio. Whether you're exploring educational alternatives or seeking to understand the implications of such a decision, these FAQ responses aim to provide clarity and insight into the open enrollment process.

What is open enrollment?

Created in 1989, open enrollment, also known as inter-district enrollment or intradistrict transfer, allows students to enroll into another school district by following that district’s open enrollment policies and procedures. Students enrolled under an open enrollment policy must be allowed to attend tuition free.

Who is eligible for open enrollment in Ohio?

Eligibility criteria vary by district, but generally, students who reside within Ohio and meet specific residency and enrollment requirements can apply. For example, a student must be enrolled in their resident home district to participate in open enrollment.

What is the application process for open enrollment?

School districts are responsible for creating their own applications and procedures for open enrollment, which should be adopted by the district’s Board of Education and included in Board policy. The Ohio Department of Education annually updates their listing of open enrollment policies in Ohio school districts, which can be found here.

Parents and guardians typically need to complete an application form provided by both the home and receiving districts. The application may require supporting documents such as proof of residency. Further, students must apply for open enrollment on an annual basis. Though the receiving district may limit enrollment due to capacity or eliminate open enrollment in following years, students enrolled in the previous year when open enrollment is continued must be given priority.

Is there a deadline for applying for open enrollment?

Deadlines vary by district, so it is important to check with both the resident and receiving districts for specific dates. However, the Ohio Department of Education has suggested the following timelines:

• May 1 - Open enrollment applications are due in the superintendent’s office of the district considering open enrollment students.

• June 15 - School districts inform parents/guardians whether the student has been accepted through open enrollment. 

• June 30 - Parents/guardians notify the school district whether or not their child will attend the district under open enrollment.

Will transportation be provided for open enrollment students?

The receiving district is required to provide transportation to the student, but only from an existing bus stop within the district and only for the same grade levels that they transport their resident students. Transportation from outside the district is the responsibility of the parents or guardians.

Will my child be guaranteed enrollment in the receiving district?

Admission is typically subject to space availability and other factors determined by the receiving district's policies. There may be instances where applications are denied due to capacity constraints. A student can also be refused in order to maintain racial balance in a particular school building, and the district must specify criteria used to determine racial balance in its Board policy. However, a school district may not discriminate against any student because of a disability condition; nonetheless, special education students may still be refused admission if the district does not have the available services necessary to meet the needs of the student’s Individualized Education Plan (IEP).

Can my child participate in sports or extracurricular activities at the receiving district?

Policies regarding participation in extracurricular activities vary by district. Further, if a student wishes to change schools through open enrollment, the student should consult with the school administration and follow the guidelines for athletic eligibility as established by the Ohio High School Athletic Association (OHSAA).

What are the benefits of open enrollment for my child's education?

The decision to open enroll in another school district should be carefully considered based on your child's individual needs, interests, and educational goals. Parents and guardians should consider how the curriculum, extracurricular activities, and other aspects of the educational experience may differ between districts. It is also essential to be aware of any potential impacts on graduation requirements or transfer credits.

Parents and guardians considering open enrollment should contact both their resident and receiving districts for additional information and guidance tailored to their specific circumstances.

Renee Stromski is a Student Rights Attorney in Ohio with Abdnour Weiker, LLP

Student Privacy Rights Under FERPA: What To Do If Your Student’s Privacy Is Violated

Most parents are aware that their students have some privacy rights that schools must take appropriate action to protect. However, many parents are not aware of what establishes those privacy rights and, perhaps more important to parents, what can be done to protect them.

The Family Educational Rights and Privacy Act (FERPA) was adopted in 1974 as a Congressional response to the abuse of student records nationwide. FERPA serves two main functions: 1) guarantee access to students records for both students and parents; 2) limit third-party access to student records.

When processing a records request, a school must determine whether the materials requested qualify as education record materials. An “education record” includes records, files, documents and other materials, which: (1) contain information related to a student; and (2) are maintained by an educational institution. This includes things like a student’s academic work, test scores, psychological records, and family background. An education record does not include things like personal notes of a teacher or counselor, personnel records or law enforcement records.

So what happens when a student’s school releases part of their education record to a third party in violation of FERPA? One of the most common questions we receive is how parents can sue their child’s school for violating FERPA. Unfortunately, they cannot. FERPA creates no private right of action in the event of a school violation, meaning individuals cannot sue for a violation in court. Instead, in the event of a FERPA violation, a parent or student may file a Complaint with the Student Privacy Policy Office (SPPO) of the Department of Education alleging a violation.

A Complaint must be filed within six months of the violation, or within six months of when parents first knew or should have known of the violation. In this process, timeliness is key. Following a complaint, the SPPO will determine whether the school violated FERPA, and whether the school has a practice or policy of violating FERPA.

If the SPPO finds that a school has a practice or policy of violating FERPA, SPPO will then provide steps that the school must take to comply and provide a reasonable period to comply. If a school still does not comply, SPPO may withhold further payments made under any federal program and either issue a cease-and-desist letter or terminate federal funding.

Although there is no private cause of action guaranteed under FERPA it is still important that parents make their voices heard through the SPPO Complaint process. When facing the restriction or elimination of federal funding, schools will typically clean up their act with regard to maintaining FERPA-protected information. If you believe your child’s private, FERPA-protected information has been wrongfully distributed by their school, we encourage you to file a complaint with the SPPO and make your voice heard.

For more information about FERPA, check out the Special Education Legal Clinic’s FERPA video: SELC Understanding FERPA. Further SELC Workshops on other topics are also available.

Megan Mitchell is an education attorney in Michigan at Abdnour Weiker, LLP

www.Lawyers4Students.com

Five Big Changes Coming to Ohio Education Laws in the 2023-24 School Year that Parents Should Know

On July 1, 2023, the Ohio House and Senate approved a new 2-year state budget, which was signed into law by Ohio Governor Mike DeWine on July 5, 2023. Here are the most important provisions impacting education for Ohio parents and students:

PRIVATE SCHOOL VOUCHERS (aka EdChoice Scholarship): All Ohio school children will be eligible for a school “voucher” to help cover the cost of tuition participating private schools. Children whose families earn up to 450% of the federal poverty level (~$135,000/year for a family of four) will be eligible to receive a full EdChoice Scholarship in the amount of $6,165 (k-8) and $8,407 (high school). Higher earning families are still eligibile, but may receive reduced scholarship amounts. This does not affect families receiving the Autism Scholarship or Jon Peterson Special Needs Scholarship.

SIGNIFICANT FUNDING FOR PHONICS-BASED READING: The reconciled bill includes a significant investment in childhood literacy, particularly for phonics-based reading programs (a.k.a. the “Science of Reading”). The bill moves to eliminate “cueing” reading programs that have been used by school districts and educators for decades, but considered ineffective by many literacy experts. The funding in the new law includes allocations for training of teachers and district implementation over the next two years.

TOP 5% SCHOLARSHIPS FOR GRADUATES: Ohio high school students who graduate in the top 5% of their classes will be eligible for $5,000 scholarships to attend Ohio colleges and universities.

PARENTAL CONSENT FOR SOCIAL MEDIA: Children younger than 16 must get parental consent when they create new social media accounts starting Jan. 15, 2024. While not directly related to education funding, this budget item was initially requested by the Governor in an effort to protect the mental health of Ohio teenagers. It was included in the final bill.

NEW TEACHER PAY: The minimum annual salary for new public school teachers was increased modestly from $30,000 to $35,000. Many districts already have adopted salary schedules above this amount for first-year teachers. A proposal to increase the minimum salary to $40,000 was ultimately rejected.

Read more here: https://apnews.com/article/ohio-state-budget-taxes-education-vouchers-6f3c3abf4db444124d6c7b19090f5cc8

Abdnour Weiker, LLP

www.Lawyers4Students.com

Residency: What does it mean to be a resident of a school district for attendance purposes?

In Ohio, all school-age children have the right to attend the public school of the district in which they reside without charge. But what does residence actually mean for a student? This is an important question as the answer determines what public school your child can attend for free.

The general rule is that the residence of a child is the same residence as their parent. While that seems like a simple answer, it is not always that easy to determine residency. Below are a few questions and answers to help provide guidance on what residency means.

Who is considered a “parent”? Because a child’s residence is determined by the residence of their parent, it is important to consider which parent is important here. Generally speaking, a “parent” can be either of the child’s natural or adoptive parents. However, if a child’s parents are divorced or separated, then “parent” means the parent who is the residential parent and legal custodian of the child. If both parents share custody of a child under a shared parenting plan, then both parents could be considered a “parent” for school residency purposes.

Is it possible to have more than one residence? Yes, it is possible for a child to have more than one residence for school attendance purposes. This can happen if a child’s parents reside in more than one school district or when custody is shared under a shared parenting plan. If a child does have more than one residence, the child could attend either school district free of charge.

What does it mean to “reside” somewhere? We know a child’s residency is the same as their parents. But what does it actually mean to reside somewhere? When determining residency, courts look at several factors and a determination is made after considering all of the circumstances. The Court in Kenton Board of Education v. Day stated,

One cannot establish residency merely by purchasing a house or apartment building or even by furnishing such a house or apartment so that it is suitable for the owner’s use. ‘Residence’ involves something more. It must be a place where important family activity takes place during significant parts of each day; a place where the family eats, sleeps, works, relaxes, plays. It must be a place, in short, which can be called a home.

As you can see from the above quote, merely owning property in a district is not enough to establish residency for your child. You must actually live there. 

How will the school district actually know whether I live there or not? If a school district has doubts as to whether you or your child actually reside in the school district, they can:

• follow your child home from school each day to see where they are going;

• make several unannounced home visits;

• request and review copies of the Deed, Lease, utility bills, etc.;

• request to enter your home to determine if your house is lived in; and

• once in the home, they can request to look in various rooms and, in the refrigerator, to determine if the home is “lived in.”

Again, if you reside in a school district, your child has the right to attend school in that district free of charge. However, there are several exceptions where a school may allow a non-resident child to attend school in that district for free as well. Here are the most common exceptions:

• when a child is attending a school through a district’s open enrollment policy;

• a student’s parent is having a house built in the district (subject to a 90-day time limitation and requiring additional supporting documents);

• a student’s parent is purchasing a house in the district (subject to a 90-day time limitation and requiring additional supporting documents);

• a student is admitted as a foreign exchange student;

• when a student is a child of a district employee; and

• through a Superintendent’s Agreement.

If you are having issues with your child’s school or if you have questions regarding residency requirements, you can always contact an education-focused attorney to help you.

Written by Jessica Moore, Esq.

Questions? Call us! 614-745-2001

TRUANCY EXPLAINED

As parents of school-age children, we know that children need to attend school on a consistent basis to facilitate learning and thriving.  There is also a legal component to a child’s school attendance of which parents should understand the process, procedure, and rules.  The following will lay out and explain truancy and the rules surrounding it in effort to provide parents, guardians, and caregivers a better understanding of the requirements and procedure. 

Pursuant to Ohio Revised Code §2151.011 (B)(18), a “habitual truant" is any child of compulsory school age who is absent without legitimate excuse for (1) 30 or more consecutive hours, (2) 42 or more hours in one school month, or (3) 72 or more hours in a school year.  Once a student reaches one of these thresholds, the school is legally required to work with the student and their family in effort to rectify the reasons for the absences. 

At the outset, it should be noted that a school cannot suspend or expel a student solely on the basis of habitual truancy.  Moreover, a school cannot file truancy charges prior to implementing an Absence Intervention Plan.  These two facts are meant to hopefully put a parent or guardian’s mind at ease that simply because a student has enough absences to meet the truancy threshold, it does not mean that the student will immediately face charges in juvenile court.

Absence Intervention: Initial Requirements and Timeline[1]

As a matter of procedure, Ohio law requires that before truancy charges are filed, a school must work with the student and their family to address the reason(s) for the absences.  Additionally, the Absence Intervention Team, which includes the student, family, and school staff, must create an Absence Intervention Plan (“AIP”).  The team develops a student-centered AIP that will help identify specific barriers and solutions to attendance.  In terms of initial steps following the triggering absence, Ohio law requires that the school meet several deadlines.  Within seven days of the triggering absence, the school must create an Absence Intervention Team and make three meaningful attempts to obtain the participation of the student’s parent or guardian.  Within ten calendar days of the triggering absence, the student must be assigned to their Absence Intervention Team.  Within 14 days of the team’s creation, the team must develop the student’s AIP.  Following the creation of the AIP, the school district has seven calendar days to make reasonable efforts to provide written notification of the AIP to the parent or guardian.  The student then has 60 calendar days to participate and make satisfactory progress on the plan.

Filing Truancy Charges

If the student does not participate or make satisfactory progress on the plan, the attendance officer must file a complaint in juvenile court against the student on the 61st calendar day after the implementation of the AIP.  Whether there has been satisfactory participation or progress on the part of the student is determined by the Absence Intervention Team.  Generally, filing charges is a last resort for the school district.  However, once the 61st day is reached and there has been insufficient improvement, the attendance officer has no choice and is legally required to file a truancy complaint.

Although the general time frame is 61 calendar days, if a student is absent without a legitimate excuse for 30 or more consecutive hours or 42 or more hours in one month, the district attendance officer is required to file a truancy complaint.  This rule does not apply, however, if the team has found that the student has made sufficient and substantial progress on the AIP.  Thus, this rule has more flexibility than the 61st day rule.

What happens when charges are filed?[2]

Once truancy charges are filed, the parent or guardian will receive a summons in the mail identifying the charge as well as an initial court date.  Depending upon the county, the case may get sent directly to a diversion program if the student is a first-time offender.  If the student is sent to diversion, the student and the parent or guardian will meet and work with a diversion officer to identify the barriers to attendance as well as create a goal sheet to focus on improving attendance.  The benefit of diversion is that if a student successfully completes their goals, the charge will be removed from their record.  If the child goes to court on these charges, the possible consequences can include probation, community service, court-ordered counseling, loss of a driver’s license, and fines. 

Franklin County: Truancy Intervention Prevention Plan (TIPP)[3]

Franklin County Juvenile Court currently has a grant-funded Truancy Intervention and Prevention Program (TIPP) which has the goal of preventing truancy even before the need for an AIP.  TIPP Truancy Officers partner with participating local school districts to enforce attendance laws and also work with students in a school setting to monitor attendance.  This program is one more way to hopefully prevent students getting to the point of habitual truancy that several local school districts, including, Canal Winchester Local Schools, Gahanna-Jefferson Public Schools, Groveport Madison Schools, Hilliard City Schools, New Albany-Plain Local Schools, Reynoldsburg City Schools, South-Western City School District, are utilizing.

Conclusion

The prospect of truancy charges being filed against your child is a scary and unnerving place to find oneself as a parent or guardian.  It is important to understand what a school district is required to do prior to filing such charges, but also when they are required to file such charges.  It is best to maintain open communication with the school district during the AIP process in order to help support the attendance of the student and hopefully avoid ending up in juvenile court.

[1] https://education.ohio.gov/Topics/Student-Supports/Attendance-Support/Ohio-Attendance-Laws-FAQs#FAQ4883

[2] https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/education/parents-must-take-responsibility-for-truant-students/

[3] https://drj.fccourts.org/DRJ.aspx?PN=School_Truancy.htm

Authored by Amy Solaro, Esq. of Abdnour Weiker, LLP

Questions? Call us: 614-745-2001

Can I Leave Work to Attend an IEP Meeting?

FMLA LEAVE MAY BE AVAILABLE TO PARENTS TO ATTEND IEP MEETINGS 

On August 8, 2019, the U.S. Department of Labor, Wage and Hour Division (“the DOL”) issued guidance on whether an employee may take protected leave under the Family and Medical Leave Act (“FMLA”) to attend a meeting to discuss the Individualized Education Program (“IEP”) of the employee’s son or daughter. U.S. Dept. of Labor, WHD, FMLA 2019-2-A(August 8, 2019). 

1. FMLA Leave

As a starting point, FMLA provides that an employee eligible for FMLA may take up to 12 weeks of job-protected, unpaid FMLA leave per year “to care for the spouse, son,daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.” 29 U.S.C. §2612(a)(1)(C); see also 29 U.S.C. §2611(11); 29 C.F.R. §825.112–.115.

2. IDEA and Related Services

Alternatively, the Individuals with Disabilities Education Act (“IDEA”) requires public schools to develop an IEP for astudent who receives special education and related services, with input from the child, the child’s parents, teachers, school administrators, and related services personnel. Under IDEA, “related services” may include such services as audiology services, counseling services, medical services, physical therapy, psychological services, speech-language pathology services, rehabilitation counseling services, among others.

3. DOL Conclusion

Considering both statutes, the DOL instructed that attendance at IEP meetings does qualify FMLA-covered leave so long as the employee’s son or daughter suffers from a “serious health condition” as defined in the law. FMLA defines a “serious health condition” as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Many students receive “continuing treatment” by a healthcare provider pursuant to their IEP. 

4. FMLA Medical Certification

An employer may require the parent to provide a medical certification in order to verify the existence of the child’s serious health condition. This certification is a standard FMLA form issued by a health care provider, further supporting the request for leave. This certification would verify that the child’s condition qualifies as a “serious health condition” under FMLA. 

5. Parents Input is “Essential”

In issuing the guidance, the DOL recognized that the parents in question attend IEP meetings in order to “help make medical decisions concerning their children’s medically-prescribed speech, physical, and occupational therapy, to discuss their children’s wellbeing and progress with the providers of such services, and to ensure that their children’s schoolenvironment was suitable to their medical, social, and academic needs.” The DOL also instructed that, a parents’ attendance at IEP meetings is often “essential to [the parent’s] ability toprovide appropriate physical or psychological care” to theirchildren, further justifying the application of FMLA protected leave for IEP meetings. 

6. Intermittent Leave 

Under FMLA, an employee may use the leave intermittently or on a reduced leave schedule when medically necessary because of a family member’s serious health condition. 29 U.S.C. §2612(b)(1); 29 C.F.R. § 825.202. This means that the employee may apply the FMLA leave as-needed, for portions of a workday, rather than in a scheduled days or in continuous days. Intermittent leave is the type of leave most parents would need to request and use for IEP meetings. 

Finally, the DOL instructed that the child’s doctor does not need to be present at IEP meetings in order for the leave to qualify under FMLA. The conclusion provided by the DOL alsoapplies to any special education meetings held pursuant to IDEA. 

This article was authored by education and employment attorney, Mark A. Weiker. 

Questions? Call us: 614-745-2001