Bellevue, WA asked in Education Law for Ohio

Q: A family member has had her 2 children (ages 16 and 10), essentially housebound since the beginning of the pandemic

They both want to be in school in person, but she will not allow it due to unreasonable fears and mental health issues. What are their rights? Can the school district intervene?

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
Answered
  • Education Law Lawyer
  • Canton, OH
  • Licensed in Ohio

A: It is unlikely that the school district can intervene as long as the parent has properly filed to homeschool the children and is complying with the OAC regulations concerning testing and reporting. Are either child on an IEP? is there evidence either is failing to receive a Free and Appropriate Public Education? These are the typical grounds a district can challenge a parent's right to home school a child.

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