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ACROSS THE STATES

OHIO

New questions on "08 schools"

Ohio recognizes two different ways for parents to educate their children at home. Most families file a notice of intent pursuant to the homeschool statute. If a parent has a bachelor's degree, however, the family is free to form a non-chartered, non-tax-supported school pursuant to Ohio Administrative Code § 3301-35-08. These are generally known as "08 schools." Both options are equally valuable to Ohio families.

The Ohio Department of Education recognizes that individual families may operate 08 schools. There are three details families should understand before choosing this option.

First, each family operating an 08 school should know that the department of education maintains a list of all non-chartered, non-tax supported schools, which anyone may obtain by request from the department. Families who desire more privacy may wish to operate under the homeschool statute rather than as an 08 school.

Second, the department takes the position that 08 schools must file all necessary paperwork prior to September 30 each year, and it will not list any 08 school that sends in paperwork after that date. Home School Legal Defense Association does not generally advise parents who are withdrawing their children from the local school in the middle of a school year to operate their homeschool as an 08 school in that initial year. If families choose to launch an 08 school after September 30, they should contact us for individualized advice.

Finally, the department notes that each non-chartered, non-tax supported school must comply with state and local health, fire, and safety laws. Already at least one health district in Ohio has begun visiting 08 schools to check up on their compliance with these laws.

North Dakota, which has a state law similar to Ohio's, allows families to either operate a homeschool or a private school (in some circumstances). However, North Dakota's courts have concluded that the only health, fire, and safety laws that apply to single-family private schools are those which apply to single-family residences. (HSLDA takes the position that a single-family private school does not need to install panic bars on exterior doors or sprinkler systems to be in compliance with the law.)

HSLDA appreciates the department of education's recognition that 08 schools are a legal option that has worked well for many homeschooling families.