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Ohio Education Law Questions & Answers
1 Answer | Asked in Contracts, Civil Rights, Education Law and Small Claims for Ohio on
Q: Can my private university mandate me to get vaccinated after I’ve been accepted, paid money, and told me that I don’t?

They told us we did NOT have to get vaccinated then an hour later told us that we DO need to get vaccinated against COVID-19. I was accepted for a month and a half with a down payment before I was informed that I needed to get the COVID vaccine, so now it’s crunch time and I either get the shot... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 26, 2021

I have not personally looked up the resources, but it is my understanding that the vaccine has not received final approval from the FDA.

The emergency use of an unapproved medicine is covered by 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies. A...
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1 Answer | Asked in Civil Litigation and Education Law for Ohio on
Q: Ohio code 2967.01 definition of a convict in the law itself on the Ohio legislative website at the end of the paragraph

And then states that unless they have been pardoned done there sentence or served there time out? Could you please read that paragraph

Andrew Popp
Andrew Popp answered on May 19, 2021

The statute is pretty clear. I'm not sure what your asking. I suggest rephrasing to address the ultimate issue you are trying to figure out. Restoration of rights? Firearm issues? Voting? etc.

1 Answer | Asked in Civil Litigation, Criminal Law, Education Law and Constitutional Law for Ohio on
Q: Could you give me a definition on the Ohio law revised code 2967.01 3/22/19 the definition of convict paragraph?

It's in the definition says unless the convict has served the president's sentence or prison terms or is pardoned or completed the community sanction program? So if I'm understanding that correctly the unless means that once you are finished so all privileges should be restored... Read more »

Matthew Williams
Matthew Williams answered on May 19, 2021

The definition of convict in R.C. 2967 is any person convicted of an Ohio felony whether or not they went to prison but not including people who were pardoned or have finished serving their sentence. In other words, convict means any person either in prison for a felony, in jail for a felony, or... Read more »

1 Answer | Asked in Personal Injury and Education Law for Ohio on
Q: Can my school punish me for being Tarty because I had an allergic reaction?
Andrew Popp
Andrew Popp answered on Apr 22, 2021

This is a difficult question to answer. Is it a private or public school? What type of punishment are you talking about? It seems like the tardiness would be excusable. Is there some sort of appellate process? Depending on what's going on it may or may not be worth the costs of hiring an... Read more »

1 Answer | Asked in Construction Law, Education Law and Securities Law for Ohio on
Q: Can I ask my school for building blueprints?

Using for a project but they denied my request because they said it violates security protocols.

Matthew Williams
Matthew Williams answered on Mar 10, 2021

Sure, you're allowed to ask, and they are allowed to say no.

1 Answer | Asked in Child Custody and Education Law for Ohio on
Q: local public school says I need to have custody of my daughter to sign her up for school

I am attempting to sign my daughter up for kindergarten in our local public school. Her mother recently passed away this year. I am on the birth certificate and we'd have lived together for around 7 years and before our daughter was born. I provide all health insurance, claim her on taxes, and... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 25, 2021

If you were not married to the mother, then the mother had sole legal custody and parental rights. Those parental rights did not automatically transfer to you when she died. It often is not sufficient that your name is on the birth certificate, as you found with the school. If a court has not... Read more »

1 Answer | Asked in Education Law for Ohio on
Q: I have a 17 year old son who is suffering from bad anxiety. He cant an won't be around large amounts of people he ..

I have a 17 year old son who is suffering from bad anxiety. He cant an won't be around large amounts of people he starts to have really bad anxiety. He won't even go into a store unless he positively has to . So he wants to drop out of school an pursue his GED. Can he drop out with a... Read more »

Kimberly Winslow
Kimberly Winslow answered on Feb 4, 2021

It looks like this was previously answered here: https://answers.justia.com/question/2015/01/22/is-it-legal-in-ohio-for-a-17-year-old-to-112146

If your son is unable to access education due to a documented emotional disability (anxiety), then he may be entitled to protections under the...
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1 Answer | Asked in Education Law for Ohio on
Q: If I’m 18 and live in Ohio can I move out if I’m a senior in high school I have a job and have another place to live
Matthew Williams
Matthew Williams answered on Jan 20, 2021

Yes, but while you are still in Highschool and living at home, your parents are responsible for your reasonable care, accommodation, and feeding. If you move out, you will relieve them of those responsibilities and they won't have to take you back if it turns out you can't cut it on your own.

1 Answer | Asked in Criminal Law and Education Law for Ohio on
Q: Can a person get probation for they first time being charged with anything

My mom file charges on my boyfriend and his brother saying they shot at the car this the first time my boyfriend been in trouble . My mom want to give him probation now she want to basically drop it but it’s to late they both in jail for something that never happened

Matthew Williams
Matthew Williams answered on Nov 5, 2020

They should be working with an attorney. They certainly could get probation, but they could easily go jail or prison especially if there was someone in the car.

2 Answers | Asked in Contracts, Civil Rights and Education Law for Ohio on
Q: it Is legal for a public university to randomly require students to test for Covid and deny access to their class if not

Students will be randomly selected throughout the semester, 100 at a time. Students with no symptoms, no contact tracing, perfectly random. If they choose not to be tested they will be made to “ quarantine “until they comply. They will not be allowed to attend their classes. This is only for... Read more »

Matthew Williams
Matthew Williams answered on Aug 5, 2020

That’s a rather strange scheme. There’s little precedent on a lot of these issues. General, common sense health precautions are likely to be upheld in court. But this does seem wrongheaded. For one thing, with limited testing resources, it makes sense to focus on those with symptoms or probable... Read more »

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1 Answer | Asked in Education Law for Ohio on
Q: Can my 18 year old that is still in high school move out of my home without my consent?
Matthew Williams
Matthew Williams answered on Apr 5, 2020

Yes. An 18 year old is an adult and can move where he or she pleases. As long as they remain in high school, you are legally required to put a roof over their head if they want it, but they are not required to stay.

1 Answer | Asked in Education Law for Ohio on
Q: If I am 16 in Butler county Ohio can I legally dropout?

I'm ridiculously behind on my credits and classwork, my parents have fallen into a legal gray area. Can I dropout? I have 7.5 credits and i'm in junior year.

Tim Akpinar
Tim Akpinar answered on Feb 15, 2020

The counselors at your school should be able to tell you what the guidelines in your district or county are. It may be as much a personal decision as one of regulations so far as staying in school goes. No one is going to drag you at gunpoint to finish school should you make the decision to drop... Read more »

1 Answer | Asked in Education Law and Probate for Ohio on
Q: If I'm on probation, can I drop out when I turn 18?
Joseph Jaap
Joseph Jaap answered on Jan 28, 2020

Talk to your probation officer, parents, teacher, school counselor, and other trusted adults about what might happen if you do that.

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Ohio on
Q: I was wondering if I can be expelled from school for something not mentioned in the handbook.

I was accused of something with no proof, given 30 seconds to gather all of my things, expelled for something not mentioned in the handbook and off of school property.

Matthew Williams
Matthew Williams answered on Jan 23, 2020

You can certainly be expelled for something that isn’t in the handbook. They can’t possibly be expected to cover every possible action and most contain some catchall kind of phrase like “other conduct unbecoming of a student.” What are you accused of doing?

1 Answer | Asked in Education Law and Personal Injury for Ohio on
Q: My 11yr old son came home from school Thursday telling me that the teacher/councilor locked him in a room

Wouldn't let him out he was terrified so he wrote SOS on paper and held it up to the window they also called the police on him all this for just getting a attitude.

Dimitrios Makridis
Dimitrios Makridis answered on Jan 15, 2020

Give Albeit Weiker (in Columbus, Ohio) a call. Best education lawyers I know. http://www.awlawohio.com/

1 Answer | Asked in Education Law for Ohio on
Q: Can a teacher deduct a grade legally to attend another classes concert after their

Can a teacher make a child attend another classes concert after her own and if she doesn't she will lower the grade? is that legal?

Tim Akpinar
Tim Akpinar answered on Jan 9, 2020

An Ohio attorney could advise best, but your question remains open for some time. The matter would likely be governed more by school policy than any actual law. Good luck

Tim Akpinar

1 Answer | Asked in Education Law, Employment Discrimination and Employment Law for Ohio on
Q: Does 17 year old- whom has graduated from high school have to follow the normal 4109 rules (wage, hours, work permit)

For example, would that 17 year old need a work permit even though they are already in college? Will the work hours limit still apply?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 31, 2019

Under federal law, there are no restrictions on when and how much an employee may work once he or she turns 16. However, 16 and 17 year-old employees are restricted from performing certain hazardous jobs, such as operating heavy machinery or handling dangerous chemicals. Additionally, if an... Read more »

1 Answer | Asked in Civil Rights and Education Law for Ohio on
Q: Can I move out of my house at 18 if im still in school but I would be looking to do online school so I can work
Mark A. Weiker
Mark A. Weiker answered on Nov 24, 2019

Yes, you can. You would need to transfer to an online school and provide your current school with the information needed to effectuate the transfer. Your parents may still have access to your education records if you are a dependent for tax purposes. Good luck--and make sure to finish!

1 Answer | Asked in Education Law for Ohio on
Q: In Ohio, can 18 year olds call themselves in sick and/or sign themselves out to go home when they are sick?

I am a secretary at an Ohio High School and I often get 18 year old seniors who want to sign themselves in/out or to call themselves in sick without notifying a parent. Our school policy has always been that we must talk to a parent regardless if 18. I can't find anything on the ODE website... Read more »

Mark A. Weiker
Mark A. Weiker answered on Nov 24, 2019

Good question. Under federal law, educational rights (and responsibilities) transfer to the student when they turn 18, even if they are still in school. So a student can sign themselves out or report their own absences once they turn 18. However, an exception to this FERPA rule allows schools to... Read more »

1 Answer | Asked in Education Law for Ohio on
Q: Is it illegal for a teacher to post pictures of their students on social media without consent in Ohio?
Mark A. Weiker
Mark A. Weiker answered on Nov 24, 2019

The short answer is probably not.

First, there is no illegality for teachers of private schools in this scenario. Private schools and their teachers are typically not covered by student privacy laws. There may be school policies that prohibit the sharing of student identities online, but...
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