Legal – Student’s Right to Attend, Residency, Tuition, and Understanding Court Documents

1. Legal – Student’s Right to Attend, Residency, Tuition, and Understanding Court Documents Columbus, Ohio May 7, 2013 Presented by: Jennifer A. Flint, Esq. Bricker & Eckler LLP

2. Right to Attend Relevant Terms and Understanding Court Documents (Custody)

3. Right to Attend:Relevant Terms • “Parent” means: • Either the parent; or • If the parents are separated or divorced, or their marriage has been dissolved or annulled, the residential parent and legal custodian of the child

4. Right to Attend:Relevant Terms • “Legal Custody” – right to: • Physical care and control of the child • Determine where and with whom the child lives • Protect, train, discipline, provide food, shelter, education, and medical care

5. Right to Attend:Relevant Terms • When in the custody of a government agency or non-parent, “parent” means: • The parent with residual parental rights, privileges, and responsibilities, or • The parent who was divested of such rights

6. Right to Attend:Relevant Terms • “Residual parental rights, privileges, and responsibilities” – rights, privileges, and responsibilities remaining with the natural parent after the transfer of legal custody • Visitation • Consent to adoption • Religious affiliation • Financial support

7. Right to Attend:Relevant Terms • “Parent” means the grandparent when: • The child is the subject of a grandparent power of attorney, or • The child is the subject of a grandparent caretaker authorization

8. Understanding Court Documents • In Ohio, custody is established only through court orders • R.C. 3313.672 requires presentation of certified court documents • Signed by judge • Timestamp • Certification by Court / Clerk of Courts

9. TIMESTAMP SIGNATURE CERTIFICATION

10. Understanding Court Documents • Courts that can confer custody: • Common Pleas Court – Division of Domestic Relations and/or Juvenile Court • Probate Court

11. Understanding Court Documents • Types of custody: • Divorce: sole custody or shared parenting • Guardianship

12. Understanding Court Documents • Types of custody (cont.): • Parents never married • Documents from other states • Grandparent POA/Affidavit

13. Right to Attend andTuition Cannot Be Charged • Child lives with parent who resides in the district • A child shall be admitted to the schools of the school district in which the child’s parent resides

14. How is “Residency” Defined? • No minimum period of time to establish a residence in a school district • “Residence” is a place where important family activity takes place • E.g., eating, sleeping, receiving mail, etc.

15. Residency Disputes • Resolved by ODE • Submitted on “paper” • Continued attendance pending resolution? • Evidence You Will Want • Where parent is actually living • Public records • Certified mail service

16. Must Admit andTuition Cannot Be Charged • Child placed for adoption • A child who is residing with an Ohio resident with whom the child has been placed for adoption shall be admitted to the schools of the district where the child resides

17. Must Admit andTuition Cannot Be Charged • The emancipated adult – 18 years of age or older • Ages 18 to 22 • Living apart from parents • Supporting themselves by their own labor • Have not successfully completed the high school curriculum or IEP

18. Must Admit andTuition Cannot Be Charged • The married minor • Under 18 years old • Married • May attend where child resides

19. Must Admit andTuition Cannot Be Charged • Child who may require emergency medical treatment • Attends school where either parent is employed • When child has a medical condition that may require emergency medical attention

20. Must Admit andTuition Cannot Be Charged • Grandparent Power of Attorney or Caretaker Authorization Affidavit • Child lives with a grandparent • May attend district where grandparent resides • Recent amendments to Grandparent POA law

21. Must Admit andTuition Cannot Be Charged • Child of a parent in the military • Child resides with a non-parent • Entitled to attend where non-parent resides • For a period not to exceed 12 months

22. Must Admit andTuition Cannot Be Charged • Child of a parent in the military (cont.) • Parent must file affidavit with superintendent of district in which non-parent resides stating: • That the parent is service outside of the state in armed services of the United States; • That the parent intends to reside in the district upon returning to Ohio; and • Name and address of person with whom child is living while the parent is outside the state

23. Must Admit andTuition Cannot Be Charged • House being built or purchased in district • Child under 22 • New house being built or purchased in a school district outside the district where the parent is currently residing • Entitled to attend school for a period of time (not to exceed 90 days) tuition-free

24. Must Admit andTuition Cannot Be Charged • House being built or purchased in district (cont.) • Parent must submit: • Sworn statement explaining the situation, revealing location of house being built or purchased, and stating parent’s intention to reside there • Statement from builder or real estate broker confirming a new house is being built or purchased for the parent and that the house is at location indicated in the parent’s statement

25. Must Admit andTuition Cannot Be Charged • Children of domestic violence victim • Child with parent under the care of a shelter for victims of domestic violence • Entitled to attend school free in the district where parent is • Enrollment may not be denied due to delay in receiving records required for enrollment

26. Must Admit andTuition Cannot Be Charged • Homeless children • When a child loses permanent housing, or • Homeless child changes temporary living arrangements

27. Must Admit andTuition Cannot Be Charged • Homeless children (cont.) • Parent or guardian has the option of enrolling the child in either of the following: • Child’s school of origin (school that the child attended when permanently housed or the school in which the child was last enrolled); or • School that is operated by the district in which the shelter where the child currently resides is located and that services the geographic area in which the shelter is located

28. Discretionary Admission Situations Where Board Has Option To Admit Students

29. May Admit andNo Tuition • Death of a parent • Seniors whose parents have moved out of the district • Relocation within the same county after first full week of October • Resident of the district has initiated legal proceedings for custody

30. May Admit andNo Tuition • Child’s parent is a full-time district employee • Agreement with superintendent to protect child’s physical or mental well-being • Children living with grandparents (no power of attorney or caretaker authorization affidavit) • Foreign exchange students

31. Tuition – When it May Be Charged 1. Child requires special education 2. Child is in custody of non-parent or government agency 3. Child resides in a “home”

32. Tuition for Special Education Students • Child requires special education and does not reside with the parent: → must be admitted to the schools of the district in which the child resides • District responsible for cost of education: • The “school district of residence,” regardless of who has custody of the child or whether the child resides in a home

33. Tuition for Special Education Students • “School District of Residence” – • School district in which the child’s parents reside • If the school district where parent resides cannot be determined, the last school district in which the child’s parents are known to have resided if the parents’ whereabouts are unknown • If the last known school district cannot be determined, the school district determined by the procedures set forth in R.C. 2151.362

34. Tuition for Special Education Students • “School District of Residence” (cont.) – • District required to pay tuition pursuant to R.C. 3313.65 (parent in prison) • A community school (if child is enrolled in a community school)

35. Tuition for Regular Ed. StudentNot in Parent’s Custody • Child in the legal or permanent custody of a government agency or non-parent: →Child attends in district where child resides

36. Tuition for Regular Ed. StudentNot in Parent’s Custody • Tuition shall be paid by: • Whichever of the following occurred first: • District in which the parent resided at the time the court removed the child from home, or • At the time the court vested legal or permanent custody of the child in the person or government agency

37. Tuition for Regular Ed. StudentNot in Parent’s Custody • Tuition shall be paid by (cont.): • If the parent’s residence at that time is unknown: • The district in which the child resided at the time the child was removed from the home or placed in legal or permanent custody

38. Tuition for Regular Ed. StudentNot in Parent’s Custody • Tuition shall be paid by (cont.): • If one parent was in a residential or correctional facility or a juvenile residential placement, and other parent does not reside in Ohio: • The district determined under R.C. 3313.65(D)

39. Tuition for Regular Ed. StudentNot in Parent’s Custody • Tuition shall be paid by (cont.): • Where ODE has modified a previous designation of the financially responsible district (R.C. 2151.362): • The district as so modified

40. Tuition for Child WhoResides in a “Home” • “Home” – • Licensed or certified institution, group home, foster home, residential facility • Child is admitted to the school of the district in which the child resides

41. Tuition for Child WhoResides in a “Home” • Regular ed. child in the custody of a parent, tuition shall be paid by one of the following: • District where parent resides, or • If parent is not a resident of Ohio, the home in which the child resides

42. Tuition for Child WhoResides in a “Home” • Regular ed. child not in the custody of a parent, tuition shall be paid by one of the following: • The district named in the court order, or • The district as designated, subsequently, by ODE • Tuition calculation for education in a group home: • Per diem cost as calculated by ODE

43. Tuition for Child WhoResides in a “Home” • Special education child, tuition is paid by: • The “district of residence,” or • The district designated by court order • Non-resident special education child, tuition is paid by: • The “home”

44. Modifying Tuition Assignment • Procedure Under House Bill 119 • Juvenile court makes initial designation of school district to bear cost of education • When: At the time the court makes an order removing a child from his/her home or vesting legal or permanent custody of the child in a person other than a parent or government agency, court shall determine the school district that bears the cost of educating the child

45. Modifying Tuition Assignment • Procedure Under House Bill 119 (cont.) • How: The court makes the initial determination in the manner prescribed by R.C. 3313.64(C)(1) or (C)(2) • If child receives special education, the district of residence is financially responsible (district where child’s parents reside) • For a non-special education child, the district in which the child’s parent resided at the time the court removed the child from the home, etc.

46. Modifying Tuition Assignment • When: • While the child is in the custody of a non-parent or government agency • The parent’s residence changes • How: • School district currently designated must submit evidence to ODE showing the parent’s residence as changed

47. Modifying Tuition Assignment • ODE shall name: • District in which the parent currently resides; • If the parent’s residence is unknown, the district in which the parent’s last known residence is located; or • If ODE cannot determine either of the above, no modification is made