Legal / Legislative Updates

OHIO

Children Playing Outside Prompts School Official Visit

Home School Legal Defense Association members Mr. and Mrs. Brown (name changed to protect family’s privacy) moved to Ohio in early September 2007. The family had decided to finish settling into their new home before beginning their homeschool program. Since Ohio law does not have a deadline for filing the notice of intent to homeschool with the school district, the Browns also decided to postpone filing their notice for a few days.

During that week, the Brown children, playing outside on a school day, were apparently noticed by neighbors who promptly determined that there must be a problem. These neighbors called the school to report that the children were not in school. When the school discovered that they did not have the family’s notice of intent on file, the school’s pupil services director stopped by the Browns’ home for a “friendly visit.” Because Mr. and Mrs. Brown were out for a short “parent-teacher” conference, the Browns’ oldest daughter politely explained to the official that the family homeschooled and that her parents would get in touch with the school official.

Upon returning home, the Browns immediately contacted HSLDA to report the contact and to request assistance in resolving the matter. HSLDA Staff Attorney Michael Donnelly called the school official, informing her that Ohio law does not specify a deadline for filing a notification to homeschool with the superintendent. The official responded by agreeing to leave the family alone and wait for their notice of intent, which the family did file. They have since received an excuse from public school attendance from the school district.

HSLDA recommends that Ohio homeschoolers file their notification prior to the start of school in their area as this action can often help prevent unwelcome visits from school officials or social workers.* However, HSLDA recognizes that it is not always possible for parents to file the notification this early and we support our members in resolving disputes with school officials regarding this issue.

— by Michael P. Donnelly