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Ohio Education Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Legal Malpractice for Ohio on
Q: What do I do because my son’s lawyers did not have him evaluated. They made have decide plea of life or trial maybe deat

Memory , sensory, brain damage (epilepsy). Mentally retarded,hearing loss,barely can read depression adhd emotionally neglected, forced to go gf stabbed him,, he only. Knew to take a tv not arson or anyone was there. On video but not used. And a lawyer I’ve called dozens of times and yet he is... View More

James L. Arrasmith
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answered on Jun 10, 2024

It sounds like your son is in a very difficult situation, and it's understandable that you are concerned about how his case has been handled. First, you should contact another attorney immediately to discuss your concerns about his current legal representation. This new attorney can review the... View More

1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Q: My 5th grader, has been suspended with recommendation for expulsion. How to we prepare for the expulsion hearing?

My son is an 11 year old 5th grade. He made verbal threats about harming/killing 6 students in his class to his guidance counselor. He has been suspended for 10 days with the recommendation for expulsion. I have no idea how to prepare for the hearing. I don't even know what questions to ask a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 3, 2024

What you should truly do is seek out an attorney who has both some criminal defense experience, and education law experience. Your question doesn't state whether or not this student has a 504 plan or an IEP. If either of the is the case, then you need to make sure that the school is conducted... View More

2 Answers | Asked in Education Law and Landlord - Tenant for Ohio on
Q: Excessively Large Timeframe for Maintenance

I am living in university housing at a private institution in Ohio, where we received this notice: "The [university's] lock shop will be performing preventative maintenance on the apartment entry door hardware between 3/25/24 and 4/19/24. The tech will knock and let anyone home know he... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 21, 2024

There is nothing in the Ohio landlord tenant statute that speaks specifically to this. There may be case law that defines exactly what reasonable notice is but typically that would focus on the definition of "emergency". What you have described seems like a good faith effort on the part... View More

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1 Answer | Asked in Education Law for Ohio on
Q: Can a college charge you an rta fee and refuse to take it off.

I was charged an rta fee on my tuition and its not that much but still can not afford it.i know I waived the fee but they are saying I didnt and refuae to take it off my bill.

James L. Arrasmith
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answered on Feb 23, 2024

It's concerning that the college is refusing to remove the RTA fee from your bill, especially if you have proof that you waived it. Colleges typically have processes in place for students to waive certain fees if they meet specific criteria. If you followed the necessary steps to waive the fee... View More

1 Answer | Asked in Education Law and Family Law for Ohio on
Q: can I move out at 18, I live in Ohio and I'm still in school, I'm looking for a job and I have another place to live

I have a therapist and after going for a few months I told her I wanted to move out at 18 to live with my grandma. I'm looking for a new job and have my own means of transportation, I plan to help with bills, and my grades are good. but I won't graduate for another 4 months and my mother... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 16, 2024

Yes, but while you are still in High school 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... View More

1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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1 Answer | Asked in Collections, Education Law and Legal Malpractice for Ohio on
Q: I have a University that keeps filing suits, and I don't know at all about them until my name is found online. It's bad.

They have apparently filed to take my chance of owning land in my county, and have recently tried to take my wages and have them garnished. I'm a disabled individual since 2011. I haven't received any mail from them since they kicked me from their school. I only know about these things... View More

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. Find out what the suits are for, either on your own or through an attorney. Consider consulting with an attorney to learn if you have viable defenses that might be cost effective to pursue in terms of the initial... View More

1 Answer | Asked in Education Law for Ohio on
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?

Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

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... View More

1 Answer | Asked in Education Law for Ohio on
Q: Can a HS athlete, with enough credits, graduate 1 semester into their senior year? To attend college early?

Child has a full 4 year athletic scholarship at a Power 5 University. They want child to come in January to train. Start classes there. She could graduate end of junior year but wants to play her sport her senior fall. She can get more credits her senior year and has more than enough to graduate... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 15, 2023

I recommend you contact in order the school principal, the superintendent then the State Department of Education for your answers. The DOE may have your best answers

1 Answer | Asked in Education Law for Ohio on
Q: my child has an iep and he got in trouble but school waited to call me for an 1 hour and 33 minutes after the incident

til he admitted doing it to a teacher but its in writing but is not directed towards anybody

Todd B. Kotler
Todd B. Kotler
answered on Aug 30, 2023

There is little you can do about this now, unless there is something in the IEP or a PBIP that states they should immediately call you. You can advise the school in writing that your child is not to be questioned as to alleged violations of the code of conduct without your presence (Which will... View More

1 Answer | Asked in Education Law for Ohio on
Q: In Ohio, can 17 y.o. w/d from school with parents permission to pursue study & taking of the HiSet w/o FT employment?
T. Augustus Claus
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answered on Aug 29, 2023

In Ohio, a 17-year-old may withdraw from school with their parents' permission to pursue alternative educational options, including taking the HiSET (High School Equivalency Test), without the requirement of full-time employment. Ohio law allows for students to pursue educational alternatives... View More

1 Answer | Asked in Education Law for Ohio on
Q: Can an 18 year old enroll themselves in school without having to get a job, a bank account, and a landlord?

I have an 18 year old grand daughter who left her home willingly because of abuse. She is currently living with an aunt and uncle. And they are having a problem enrolling her into their school district.

Todd B. Kotler
Todd B. Kotler
answered on Aug 10, 2023

If the student has not graduated from high school then they are still technically in the custody of a parent for school purposes and that must be transferred to the aunt and uncle.

1 Answer | Asked in Education Law for Ohio on
Q: Yesterday my daughter was cornered in school by a cop and the principal. Are they allowed to do this without permission?

My daughter was bullied into confessing to something she didn’t do and the cop tried to bully me into thinking she had no right to ask for me or any other help. He told me I was wrong to tell her that she didn’t have to say anything until I showed up.

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

1. You absolutely did the right thing telling her not to say anything until you were present

BECAUSE

2. They do have the right to question your daughter without informing you in advance and without you present

1 Answer | Asked in Civil Litigation, Education Law and Elder Law for Ohio on
Q: ORC 4117.103 -volunteer at public schools When can a qualified volunteer be turned back by principal?

be turned away directly from the principle?

Arriving at my granddaughter’s elementary school for an approved PTO volunteering event at the requested time, Right away I was met with resistance. She began using her phone. She inquired to several ladies standing close by a loc of someone.... View More

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

The law does not require the schools to allow any particular person to volunteer and there are literally hundreds of reasons from the mundane (we have enough help) to the quite serious (this individual set fire to the building last time they were here) that someone might be turned away.

1 Answer | Asked in Criminal Law, Family Law, Education Law and Juvenile Law for Ohio on
Q: Daughter turned 18 sept 30th ran away has missed school every day except 3 days school is kicking her out police won't

Help me with her because she's "18" she's not taking any of her depression meds birth control or anything she's doing drugs and drinking every day with this boyfriend 16 yes old police won't help me school is pressuring me I've told them she ran away but they said... View More

Joseph Jaap
Joseph Jaap
answered on Oct 25, 2022

At 18, she is considered an independent adult, and she can make her own decisions free from parental control. You could file with the probate court to obtain guardianship of her -- if there is a doctor diagnosis that she might be a danger to herself or for other medical or psychological reasons.... View More

2 Answers | Asked in Criminal Law, Education Law, Internet Law and Juvenile Law for Ohio on
Q: If I record someone making a bomb threat in a school. Do I (the recorder) get first degree telecommunications harrass?

I recorded someone making a bomb threat in a class room and posted it. I am now being charged with the first degree misdemeanor telecommunications harassment. Am I guilty of this charge? I did not say anything in the video at all. I was also suspended 5 days for Filming. I am a minor by the way.... View More

Matthew Williams
Matthew Williams
answered on Mar 25, 2022

Your guilt or innocence here turn on your intent. If you were a party to making the threat, that is, if you made the video with the intention of helping this other person communicate their threat, then yes, you are guilty of telecommunications harassment. If you made the recording with the... View More

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1 Answer | Asked in Immigration Law, Tax Law and Education Law for Ohio on
Q: More than half of my property taxes go to City Schools which allow illegal immigrant's children an education without a

US birth certificate. Isn't this city overreach and illegal to use taxpayer money on children (or the children of parents who are here illegally) who are not born in this country and do not speak English (putting other children behind) and do not have legal status?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 8, 2022

Would you rather they don’t have a safe place to go and get an education? They’re here and I’d you force desperate people out into the streets or will certainly cause more desperation and crime.

1 Answer | Asked in Education Law and Traffic Tickets for Ohio on
Q: a school bus stops with its flashing lights on at an intersection on my right , can i turn left away from the bus?
Andrew Popp
Andrew Popp
answered on Sep 24, 2021

The answer depends on additional details. Section 4511.75 of the Ohio Revised Code spells out your obligations. (link below)

https://codes.ohio.gov/ohio-revised-code/section-4511.75

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... View 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.

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