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Ohio Revised Code

Ohio Rev. Code § 3321.03 (2026)

Parent's obligation to see that child receives instruction

✓ current as of May 2026

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Effective:

October 3, 2023

Latest Legislation:

House Bill 33 - 135th General Assembly

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As used in this section and section 3321.04 of the Revised Code, "special education program" means a school or the educational agency that provides special education and related services to children with disabilities in accordance with Chapter 3323. of the Revised Code.

Except as provided in this section, the parent of a child of compulsory school age shall cause such child to attend a school in the school district in which the child is entitled to attend school under division (B) or (F) of section 3313.64 or section 3313.65 of the Revised Code, to participate in a special education program under Chapter 3323. of the Revised Code, or to otherwise cause the child to be instructed in accordance with law. Every child of compulsory school age shall attend a school or participate in a special education program that conforms to the minimum standards prescribed by the director of education and workforce until the child:

(A) Receives a diploma granted by the board of education or other governing authority, successfully completes the curriculum of any high school, or successfully completes the individualized education program developed for the student by any high school pursuant to Chapter 3323. of the Revised Code;

(B) Receives an age and schooling certificate as provided in section 3331.01 of the Revised Code; or

(C) Is excused from school under standards adopted by the department of education and workforce pursuant to section 3321.04 or exempt pursuant to section 3321.042 of the Revised Code, or if in need of special education, the child is excused from such programs pursuant to section 3321.04 of the Revised Code.

Last updated August 3, 2023 at 4:17 PM

Notes of Decisions

Cited in 7 cases, 1958–1996 · leading case: In Re Dembek, 64 B.R. 745 (Bankr. N.D. Ohio 1986).

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In Re Dembek, 64 B.R. 745 (Bankr. N.D. Ohio 1986). · cites it 3× “” O.R.C. 3321.03 (Emphasis added). The language of 3321.”

State v. Bosstic, 476 N.E.2d 722 (Ohio Ct. App. 1984). · cites it 2× “Bosstic, guilty of failing to send her seventeen-year-old daughter to school, in violation of R.C. 3321.03. The court wrote: “This matter having come on for arraignment this date and the Defendant having entered a plea of GUILTY to the allegations of the complaint filed herein,…”

State v. Atwood, 573 N.E.2d 739 (Ohio Ct. App. 1990). · cites it 2× “” The record reflects that on October 10, 1989, a complaint was filed in the Ross County Court of Common Pleas, Juvenile Division, charging that appellant did fail to cause Kevin Atwood, age sixteen years, to attend school as required by R.C. 3321.03 and 3321.04, in that Kevin…”

Commons v. Westlake City Schs. Bd. of Educ., 672 N.E.2d 1098 (Ohio Ct. App. 1996). “38, affirmed since trial court could have found that defendant’s home instruction program was neither a “school” nor “special education program,” and superintendent disapproved of program). In other words, the parties at this point are not concerned with how many credits earned…”

Cuyahoga Cnty. Ass'n for Retarded Child. & Adults v. Essex, 411 F. Supp. 46 (N.D. Ohio 1976). “§ 3321.03 Except as provided in this section, the parent, guardian, or other person having the care of a child of compulsory school age which child has not been *51 determined to be incapable of profiting substantially by further instruction shall cause such child to attend a…”

Cuyahoga Cty. Ass'n for Retarded Child'n, Etc. v. Essex, 411 F. Supp. 46 (N.D. Ohio 1976). “§ 3321.03 Except as provided in this section, the parent, guardian, or other person having the care of a child of compulsory school age which child has not been *51 determined to be incapable of profiting substantially by further instruction shall cause such child to attend a…”

State v. Gans, 168 Ohio St. (N.S.) 174 (Ohio 1958). · cites it 2× “01, Revised Code, that “a child [male or female] between 6 and 18 years of age is of ‘compulsory school age,’ ” the General Assembly, in Section 3321.03, went on to provide that 11 every child of compulsory school age *181 who is not employed under an age and schooling…”

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