LEGAL/LEGISLATIVE UPDATES
ACROSS THE STATES

OHIO

Dayton breaks the law

Ohio's homeschool law was written "to safeguard the primary right of parents to provide the education for their children." OAC § 3301-34-02. That is why Ohio's homeschool regulations are so careful to spell out the timeframe for notices of intent. If a family sends in a notice of intent, school officials must inform them of any problems with it within two weeks or the notice is deemed valid. If a district does point out a problem with the notice of intent, families have two weeks to respond. Dayton has ignored the legal time constraints and run roughshod over the time allotments given to homeschoolers. They have threatened homeschoolers with truancy, insisting parents put their children in school within two days or face legal action.

The George* family sent in a notice of intent on September 11, 2002. Fourteen days later, according to Ohio law, they were in full legal compliance. Despite this, more than a month later, the Dayton Public Schools sent them a letter asking for additional information. If this request had been sent out within the initial two-week window, the Georges would have had 14 days to respond. In this case, they did not, because four days after receiving the district's request for additional information, the parents received a notice of truancy that insisted they put their children into "some recognized school forthwith," within "two days from the date of this notice." The notice specifically threatened legal action if Mr. and Mrs. George failed to comply.

Home School Legal Defense Association promptly called Dayton Public School officials to explain the law to them. Dayton's truant officer explained that he had sent many such notices to homeschoolers around the city, and that most of them had come to provide additional information. While he was surprised that the Georges would object to his request, he dropped any demand that they comply. Unfortunately, it would seem that many Ohio families do not know their rights under Ohio law. When families routinely give into unlawful demands, school officials begin to believe the law requires more than it does. Only by standing firm—like the George family—can homeschoolers hold the line for liberty.

We urge all HSLDA members to help other families learn their rights. By working together, we can preserve our liberties for the future.

— Scott W. Somerville