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legalgems
legalgems, Lawyer
Category: Education Law
Satisfied Customers: 9908
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I need an advice on school law, westerville city school in

Customer Question

I need an advice on school law
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: westerville city school in ohio state
JA: Has anything been filed or reported?
Customer: nope
JA: Anything else you want the lawyer to know before I connect you?
Customer: nope
Submitted: 10 months ago.
Category: Education Law
Expert:  legalgems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 10 months ago.

Hello; what is your question please?

Customer: replied 10 months ago.
I have a son a high school name Westerville North high school in ohio state. I was leaving in that westerville city district school for 13 years and paid over 70000 dollars as property tax over those year. We sold the house in march and we were try to buy another one in that city. But my son who school there now was given 3 days to get out of the school because of residency law. I told them to give us some time to get another property in westerville city which we are working on. But they said no and they bend on stop him from attending classes there as from Monday. I thought 3 days is short for any thing to be done . I pleaded with them to allow him up December but they still refused. The boy has been crying since the news. What is you advice sir
Expert:  legalgems replied 10 months ago.

I am so sorry to hear this and I have reviewed the codes pertaining to residency and public schools in thorough review, and could find no exception for this, unless the child is in his/her senior year at school.

This summarizes it in plain language:

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-269.aspx

the actual code is located at 3313.64:

10) Any child under the age of twenty-two years whose parent has moved out of the school district after the commencement of classes in the child's senior year of high school is entitled, subject to the approval of that district board, to attend school in the district in which the child attended school at the time of the parental move for the remainder of the school year and for one additional semester or equivalent term. A district board may also adopt a policy specifying extenuating circumstances under which a student may continue to attend school under division (F)(10) of this section for an additional period of time in order to successfully complete the high school curriculum for the individualized education program developed for the student by the high school pursuant to section 3323.08 of the Revised Code.

There is also an exception for children with health issues, to attend school in the district where the parent is employed:

(3) A child is entitled to attend school in the district in which either of the child's parents is employed if the child has a medical condition that may require emergency medical attention. The parent of a child entitled to attend school under division (F)(3) of this section shall submit to the board of education of the district in which the parent is employed a statement from the child's physician certifying that the child's medical condition may require emergency medical attention. The statement shall be supported by such other evidence as the board may require.

Otherwise, there must be a home "under contract" within the school district:

(7) A child under the age of twenty-two years residing with a parent who has a contract to purchase a house in a school district outside the district where the parent is residing and who is waiting upon the date of closing of the mortgage loan for the purchase of such house is entitled to attend school for a period of time in the district where the house is being purchased. In order to be entitled to such attendance, the parent shall provide the district superintendent with the following:

(a) A sworn statement explaining the situation, revealing the location of the house being purchased, and stating the parent's intent to reside there;

(b) A statement from a real estate broker or bank officer confirming that the parent has a contract to purchase the house, that the parent is waiting upon the date of closing of the mortgage loan, and that the house is at the location indicated in the parent's statement.

The district superintendent shall establish a period of time not to exceed ninety days during which the child entitled to attend school under division (F)(6) or (7) of this section may attend without tuition obligation. A student attending a school under division (F)(6) or (7) of this section shall be eligible to participate in interscholastic athletics under the auspices of that school, provided the board of education of the school district where the student's parent resides, by a formal action, releases the student to participate in interscholastic athletics at the school where the student is attending, and provided the student receives any authorization required by a public agency or private organization of which the school district is a member exercising authority over interscholastic sports.

I am sorry I could not find anything; most states allow the child to finish out at least that year.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 10 months ago.
the school district could ask him to get out of the school within 3 days ?and you think that is a reasonable time to find school for him
Expert:  legalgems replied 10 months ago.

I do not think it is at all reasonable; unfortunately the statute does not specify a time limit, which means it is left up to the school district. Normally a school is expected to take into account what an immediate transfer will do to the child but the statute does not at all take that into consideration.

Expert:  legalgems replied 10 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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