Ohio Education Law Questions & Answers

Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court

1 Answer | Asked in Divorce, Family Law, Child Custody and Education Law for Ohio on
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.

Q: What is the statue of limitations in cases that involve special education?

1 Answer | Asked in Education Law for Ohio on
Answered on Jan 14, 2019
Lori E. Arons' answer
The Statute of Limitations in special education matters is two years from when the parents "knew or should have known" about the violation(s), and the remedy is not limited to the two year period preceding the filing, rather the entire period of the violation may be remedied so long as a petition was timely filed.

Q: If a child is living with someone that has no legal custody, would they be able to enroll them in school in ohio?

1 Answer | Asked in Family Law, Child Custody and Education Law for Ohio on
Answered on Oct 1, 2018
Joseph Jaap's answer
It depends on what the school requires as proof of residency. Do you have a power of attorney? Call the school and ask what they require.

Q: If my daughter goes to summer school does Dad get her for visitation when vacation begins or is it after summer school

1 Answer | Asked in Education Law and Family Law for Ohio on
Answered on Mar 20, 2018
Joseph Jaap's answer
The summer visitation schedule begins as specified in the court's order. If not specific enough, or if it is silent on summer school, then the order might require mediation if you and he cannot agree, or you can file with the court for a modification. Consult your attorney or use the Find a Lawyer tab to retain a local family law attorney to assist you.

Q: Im 18 and plan dropout of high school and move out of state. do i need parental consent to do so?

1 Answer | Asked in Education Law, Family Law and Child Custody for Ohio on
Answered on Feb 22, 2018
Matthew Williams' answer
You are 18. You are legally an adult. You can make your own decisions now about everything. But, please, don't just drop out of school, enroll yourself where you are planning to move.

Q: Can I get suspended from school for lying to principal?

1 Answer | Asked in Education Law for Ohio on
Answered on Feb 20, 2018
Matthew Williams' answer
This is a matter of school policy, not law. It is very likely that you can be suspended for lying to the principal.

Q: Can my child's school force me to put my son in counseling?

1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Answered on Feb 13, 2018
Joseph Jaap's answer
The school can impose conditions on allowing re-enrollment. You can choose not to comply, but then find another school. Use the Find a Lawyer tab to retain a local attorney familiar with civil rights and school cases.

Q: Is it true that in ohio you have to live with your parents until you graduate even after turning 18

1 Answer | Asked in Family Law and Education Law for Ohio on
Answered on Jan 30, 2018
Joseph Jaap's answer
There are circumstances in which parents must support a child after reaching 18, but unless the parents are appointed as legal guardian, an 18 year old can make his or her own decisions, and mistakes. If you move out, would you still have health insurance coverage, car insurance? Do you have plans to further your education beyond high school to be able to support yourself without government assistance? Here is more information:...

Q: If my 18 year old is at someone’s house when I don’t want them to but still in high school can I call the police?

1 Answer | Asked in Small Claims, Criminal Law and Education Law for Ohio on
Answered on Jan 29, 2018
Joseph Jaap's answer
You can, but unless there is illegal activity, the police are unlikely to do anything. An 18 year old is no longer a minor, and can do what they want.

Q: If my ex and I were never married and never went to court and I alone have custody how can I get them back.

1 Answer | Asked in Child Custody, Family Law, Education Law and Juvenile Law for Ohio on
Answered on Dec 28, 2017
Joseph Jaap's answer
He can do a lot if the school and others don't bother to check, and if you don't take any legal action. Are they listed on his health insurance? Contact the police and show them the birth certificates and ask them for their help in getting the children back or call children's services. If they won't get involved, then use the Find a Lawyer tab and retain a local family law attorney to advise you about regaining the children and filing for child support. But if your living situation is not...

Q: I'm 18 I live with my fiance can I drop out of school in ohio then go get my GED

1 Answer | Asked in Education Law for Ohio on
Answered on Dec 4, 2017
Matthew Williams' answer
Yes. It's a bad idea, but entirely within your rights.

Q: I'm 16 and live away from my parents who refused to take care of me and need emancipated how do I go about it ?

1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Answered on Nov 16, 2017
Joseph Jaap's answer
Ohio does not allow emancipation. See this link:

https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx

Talk to your school counselor or other trusted adult about your situation.

Q: My son is five an just started kindergarten but he don't want to go. Do I have to start him at five or can i wait

1 Answer | Asked in Family Law and Education Law for Ohio on
Answered on Sep 27, 2017
Joseph Jaap's answer
Talk to his school about the situation. Kids usually get over the separation issue quickly, and if they don't, the school can find ways to help. Keeping him at home is probably not the best answer for him, and children are required to receive proper schooling.

Q: What can I do with my 16 year old who is unruly and refuses to go to school? She has been on probation and nothing hap

1 Answer | Asked in Criminal Law, Education Law, Family Law and Juvenile Law for Ohio on
Answered on Sep 25, 2017
Joseph Jaap's answer
Contact child and family services. Also contact any local agencies and charities that provide family counseling and assistance. They may have recommendations. The legal system might not have an answer unless she gets into real trouble. Keep at it.

Q: Can the office keep my children out of class?

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Ohio on
Answered on Sep 22, 2017
Joseph Jaap's answer
The school makes the rules. Talk to the school and work it out with them.

Q: Im 16 & Missed 75 Days Of School Due To Being Bullied. Courts Ordered Probation If I Drop Out Will I Still Have To Do It

1 Answer | Asked in Education Law and Juvenile Law for Ohio on
Answered on Aug 3, 2017
Joseph Jaap's answer
Yes, they can put you on probation. But dropping out is not the solution. Do not drop out. Are your parents talking to the school principal? Can you transfer to another school? Have you spoken to the school counselor, teachers, or others? Dropping out of school is not a good choice. There are other alternatives such as on-line schools. You must finish at least a high school education. Talk to some trusted adults to help you through this. Bullying should not be tolerated. Many schools...

Q: If you were part of a prosecution team and you convicted someone of a crime and 10 years later new evidence is found

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Ohio on
Answered on Jul 17, 2017
Matthew Williams' answer
If the prosecutor can be convinced the new evidence raises serious questions about the guilt of the accused, he or she can be helpful in defense efforts to reopen the case for a new trial.

Q: can my teacher make me put my papers where she wants it but she doesnt care where the other student.

1 Answer | Asked in Education Law for Ohio on
Answered on May 1, 2017
Matthew Williams' answer
Teachers are not required by law to treat all students equally with regard to where they put their papers.

Q: Can my mother re enroll me into high school at 18years old?

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Ohio on
Answered on May 1, 2017
Joseph Jaap's answer
Have you not finished HS and graduated? Then you should, and it seems your mother is helping you. You need to complete your HS education - it is important for your future. If you don't want to attend HS, talk to the HS guidance counselor and find out about alternatives, and then talk to your mother. She obviously is trying to do what is in your best interest, even though you might not see it or appreciate it.

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