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Ohio Education Law Questions & Answers
1 Answer | Asked in Family Law and Education Law for Ohio on
Q: Is it true that in ohio you have to live with your parents until you graduate even after turning 18
Joseph Jaap
Joseph Jaap answered on Jan 30, 2018

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... Read more »

1 Answer | Asked in Small Claims, Criminal Law and Education Law for Ohio on
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?
Joseph Jaap
Joseph Jaap answered on Jan 29, 2018

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.

1 Answer | Asked in Child Custody, Family Law, Education Law and Juvenile Law for Ohio on
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.

When we split up I continued to allow him to keep them Mon through Friday for school. My situation was unsure of at that time I financially supported him all kids plus my two sisters for months then after he got a job I continued to financially support him and Kids with what ever he needed when I... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 28, 2017

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... Read more »

1 Answer | Asked in Education Law for Ohio on
Q: I'm 18 I live with my fiance can I drop out of school in ohio then go get my GED
Matthew Williams
Matthew Williams answered on Dec 4, 2017

Yes. It's a bad idea, but entirely within your rights.

1 Answer | Asked in Education Law and Juvenile Law for Ohio on
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 ?
Joseph Jaap
Joseph Jaap answered on Nov 16, 2017

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.

1 Answer | Asked in Family Law and Education Law for Ohio on
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

He us having problems being apart from me his mother

Joseph Jaap
Joseph Jaap answered on Sep 27, 2017

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.

1 Answer | Asked in Criminal Law, Education Law, Family Law and Juvenile Law for Ohio on
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

She has had the police called on her more than once but nothing ever comes of it. We have asked that she be put into juvenile detention but were told no. She sees a councillor and is on medication for behavioral problems. She threatens to make up lies to try to get me in trouble if I call the... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 25, 2017

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.

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Ohio on
Q: Can the office keep my children out of class?

My 2 grade school children's school has an event going on where once a week they can dress down in a creative way. They have no uniforms anyways. But on the newsletter it says a minimum "donation" of 50 cents is required. I don't agree because a donation is voluntary in my... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 22, 2017

The school makes the rules. Talk to the school and work it out with them.

1 Answer | Asked in Education Law and Juvenile Law for Ohio on
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

I Decided To Not Go To School After I Told The Police Officer At My School About The Bullying And It Kept Going On. I Ended Up Having To Go To Court Which Then I Was Ordered Probation And Got Hit With Around $400 In Court Fines Im Only 16 And Have Been Paying The Fines For Like 2 Months And Its... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2017

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... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Ohio on
Q: If you were part of a prosecution team and you convicted someone of a crime and 10 years later new evidence is found

And the new evidence suggests that someone else committed the crime, what do you do.

Matthew Williams
Matthew Williams answered on Jul 17, 2017

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.

1 Answer | Asked in Education Law for Ohio on
Q: can my teacher make me put my papers where she wants it but she doesnt care where the other student.

is there a law against that

Matthew Williams
Matthew Williams answered on May 1, 2017

Teachers are not required by law to treat all students equally with regard to where they put their papers.

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Ohio on
Q: Can my mother re enroll me into high school at 18years old?

My mother told me she call re enroll me into high school even though I have not actively attended school for the last year and I just turned 18 within the last month. Is this true?

Joseph Jaap
Joseph Jaap answered on May 1, 2017

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... Read more »

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Ohio on
Q: Can my ex girlfriend move out of the house when she's 19 and graduating in 20 days

Her and her mom are constantly fighting and it's not healthy for her and she needs to get out of that house or she is just going to flip out and I really do care about her still and I never want to see someone I care so much about flip out because of what goes on in her house I just want her... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 27, 2017

Yes, of course she can.

1 Answer | Asked in Family Law, Civil Rights, Education Law and Juvenile Law for Ohio on
Q: Im 18, in highschool, working on getting disability for my migraines and blackouts, my parents want me out in 2 week

I cannot work and only get about 400 a month in child support, not enough to live on.. When i did work, i gave them all my money and child support, even gave them my recent tax returns, about 400. We never agreed on me paying rent but i belive that counts, what do i do??

Let me make it... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 17, 2017

Your parents would have to go through a proper eviction process to get you out. They would have to give you notice, and then file an eviction action in court. If they don't do that, they could be liable to you for improper eviction. But if they do follow the proper eviction process, they... Read more »

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Ohio on
Q: Can I drop out at 16 still with out a job

N move out

Joseph Jaap
Joseph Jaap answered on Apr 10, 2017

If you do, you can end up in juvenile detention. Why would you drop out of school? Everyone needs a proper education to be able to earn a decent living and be productive. Without a job, how/where would you live? Will you have health insurance? What if you get sick or hurt? Talk to your school... Read more »

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Ohio on
Q: My 16 year old is having charges pressed on him by the school for unruly. She I obtain a Lawyer when we got to court?

Not listening and so fourth.

I believe it stems from underlying issues which the school fails to address. Such as depression. But, no one (school counselor or principal ) have tried to speak with him without yelling, and calling me and suspending him. This concerns me.

Kevin Shields
Kevin Shields answered on Apr 6, 2017

You should obtain a lawyer prior to going to court for any criminal matter. A local criminal lawyer will be able to tell you the strength of school's case and how best to handle. The earlier you contact the lawyer before court, the better.

You may also want to reach out to a special...
Read more »

1 Answer | Asked in Family Law and Education Law for Ohio on
Q: Im 16 been trying to drop out since 7 n I was always told I could at 16 n they won't let me now
Joseph Jaap
Joseph Jaap answered on Mar 10, 2017

Talk to your school counselor, parents, family members, and others. You need to finish high school and get enough education to be able to support yourself as an adult. That's probably what they are telling you. You can talk to a lawyer, and the lawyer will tell you the same thing. If you... Read more »

1 Answer | Asked in Family Law, Child Custody, Education Law and Juvenile Law for Ohio on
Q: i turning 18 in July and can provide for my for myself can my parents keep me from leaving if i don't graduate?

i have had plans for over a year now and my parents want to interfere in them. the reason i wont graduate is because i transferred from a vocational school back to a regular school due to very limited actual learning there (known everything they taught since 6th grade) and am behind on all my... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 9, 2017

Once you turn 18, you are legally an adult and can make your own decisions, good or bad. If you leave, will you have health insurance? Can you afford to live independently, pay for a car, car insurance, etc.? Why are you not graduating? Do you have plans to complete your education? If not,... Read more »

1 Answer | Asked in Child Custody, Education Law and Family Law for Ohio on
Q: My friend lives with us & is 18, her mom calls when she misses school. Legally can her mom do anything schoolwise?

My mom said that her mom has to sign a piece of paper letting her sign herself in and out of school but she's 18 so i don't think she needs her mom's permission. also, can my friend remove her mom from her guardian list or whatever contacts the parents with absences and information.... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 14, 2017

Isn't the real question that she is missing school? Obviously, her mother is concerned when she misses school. Are you? Is your mother concerned about that? Why is she even staying with you. If she is 18, she is legally an adult and can make her own decisions. But if she is missing... Read more »

1 Answer | Asked in Education Law for Ohio on
Q: Are teachers allowed to let students pass out tests after they are graded and in the grade? Or would this violate FERPA

A teacher lets students pass out tests/ exams after they are graded and in the education documentation for grades. This would violate FERPA right? I know of the supreme court case against the school district for peer grading but the supreme court dismissed it because it was not in the grade record... Read more »

Brian Lehman
Brian Lehman answered on Jan 27, 2017

You are referring to Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002). I don't read your facts as a violation of FERPA. Here's why. Under the Act, "federal funds are to be withheld from school districts that have `a policy or practice of permitting the release of... Read more »

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