Ohio
Can S.B. 181 Be Used Against Home Schoolers?
Home School Legal Defense Association and Christian Home Educators of Ohio together monitor state legislation that might impact home schooling. Recently, a number of home schoolers have called HSLDA regarding Ohio Senate Bill 181—a new law that passed during this legislative session and amended state truancy laws. HSLDA has reviewed the legislation and does not believe it poses any immediate danger to home schoolers. S.B. 181 primarily adds some definitions of truancy, enabling school officials now to prosecute the truant as well as the parents.
Our members were concerned that wrongful truancy charges might be brought during the 14-day response period following the parents’ annual submission of home school notification. This could become an issue if the notification is submitted after public school has begun. Within this 14-day period, the superintendent is to notify the home schooler of the excuse in the home school regulations. Although there are always a few superintendents who insist that a student must be “approved” to home school prior to withdrawal from public school, this is not what the regulations mandate. The notification is not a request for approval; it is notification of the beginning of a home school program.
Unfortunately, the state superintendent of education recently complicated this matter by issuing an opinion that home schoolers are not excused when they notify, but only after the superintendent has “approved” the home school application. Such “approval” has never been a requirement in the regulations. HSLDA continues to take the position that once a family has notified, the child cannot be considered truant. — J. Michael Smith
