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Ohio Revised Code

Ohio Rev. Code § 3321.04 (2026)

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✓ current as of May 2026
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Effective:
March 20, 2025
Latest Legislation:
Senate Bill 196 - 135th General Assembly
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Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section does not apply to any joint vocational or cooperative education school district or its superintendent.

Every parent of any child of compulsory school age who is not employed under an age and schooling certificate or exempt under section 3321.042 of the Revised Code must send such child to a school or a special education program that conforms to the minimum standards prescribed by the director of education and workforce, for the full time the school or program attended is in session, which shall not be for less than thirty-two weeks per school year. Such attendance must begin within the first week of the school term or program or within one week of the date on which the child begins to reside in the district or within one week after the child's withdrawal from employment.

For the purpose of operating a school or program on a trimester plan, "full time the school attended is in session," as used in this section means the two trimesters to which the child is assigned by the board of education. For the purpose of operating a school or program on a quarterly plan, "full time the school attended is in session," as used in this section, means the three quarters to which the child is assigned by the board of education. For the purpose of operating a school or program on a pentamester plan, "full time the school is in session," as used in this section, means the four pentamesters to which the child is assigned by the board of education.

Excuses from future attendance at or past absence from school or a special education program may be granted for the causes, by the authorities, and under the following conditions:

(A) The superintendent of the school district in which the child resides may excuse a child enrolled in the district from attendance for any part of the remainder of the current school year upon satisfactory showing of either of the following facts:

(1) That the child's bodily or mental condition does not permit attendance at school or a special education program during such period; this fact is certified in writing by a licensed physician, clinical nurse specialist, or certified nurse practitioner or, in the case of a mental condition, by a licensed physician, a licensed clinical nurse specialist or certified nurse practitioner, a licensed psychologist, licensed school psychologist, or a certificated school psychologist; and provision is made for appropriate instruction of the child, in accordance with Chapter 3323. of the Revised Code;

(2) That the child is being instructed at home by a person qualified to teach the branches in which instruction is required, and such additional branches, as the advancement and needs of the child may, in the opinion of such superintendent, require. In each such case the issuing superintendent shall file in the superintendent's office, with a copy of the excuse, papers showing how the inability of the child to attend school or a special education program or the qualifications of the person instructing the child at home were determined. All such excuses shall become void and subject to recall upon the removal of the disability of the child or the cessation of home instruction; and thereupon the child or the child's parents may be proceeded against after due notice whether such excuse be recalled or not.

(B) The department of education and workforce may adopt rules authorizing the superintendent of schools of the district in which the child resides to excuse a child over fourteen years of age from attendance for a future limited period for the purpose of performing necessary work directly and exclusively for the child's parents or legal guardians.

All excuses provided for in divisions (A) and (B) of this section shall be in writing and shall show the reason for excusing the child. A copy thereof shall be sent to the person in charge of the child.

(C) The board of education of the school district or the governing authorities of a private or parochial school may in the rules governing the discipline in such schools, prescribe the authority by which and the manner in which any child may be excused for absence from such school for good and sufficient reasons.

The department may by rule prescribe conditions governing the issuance of excuses, which shall be binding upon the authorities empowered to issue them.

Last updated January 30, 2025 at 2:22 PM

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1955–2025 · leading case: State v. Schmidt, 505 N.E.2d 627 (Ohio 1987).
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State v. Schmidt, 505 N.E.2d 627 (Ohio 1987). · cites it 15× “Unlike the compulsory attendance statutes of most states, 6 R.C. 3321.04 specifically provides a home education exception.”
Goss v. Lopez, 419 U.S. 565 (1975). · cites it 2× “Ohio Rev. Code Ann. § 3321.04 (1972). It is true that § 3313.”
Davis v. Davis, 873 N.E.2d 1305 (Ohio 2007). · cites it 3× “04, which (1) compels parents to send their children to a school that meets the standards prescribed by the Ohio Board of Education unless excused by the local superintendent of schools and (2) authorizes the board to promulgate rules governing the approval of home-education…”
State v. Lewis, 2017 Ohio 9311 (Ohio Ct. App. 2017). · cites it 2× “See R.C. 3321.04(C) as well as former R.C. 2151.”
Commons v. Westlake City Schs. Bd. of Educ., 672 N.E.2d 1098 (Ohio Ct. App. 1996). · cites it 5× “The issue in the present case is not whether the Academy provided “home education” in accordance with the law as required under R.C. 3321.04 1 and Ohio Adm.Code 3301-34-01 2 and 3301-34-02.”
Kosydar v. Wolman, 353 F. Supp. 744 (S.D. Ohio 1972). · cites it 2× “§ 2000d, the following classes of persons are now also eligible for tax benefits: (a) Persons enrolled in home instruction programs pursuant to section 3321.04(A) (2) or 3323.05, O.R.C.”
Thomas v. Gee, 850 F. Supp. 665 (S.D. Ohio 1994). · cites it 2× “Ohio Rev.Code § 3321.04. 4 . The parties also refer to Grove v.”
Gatchel v. Gatchel, 824 N.E.2d 576 (Ohio Ct. App. 2005). · cites it 2× “R.C. 3321.04; Ohio Adm.Code 3301-34-03. Among the information that .”
State v. Wood, 580 N.E.2d 484 (Ohio Ct. App. 1989). · cites it 2× “section 3321.04) is unconstitutional on its face and as applied by the superintendent of the Lucas County Board of Education.”
State, Ex Rel. Chalfin v. Glick, 177 N.E.2d 293 (Ohio Ct. App. 1960). · cites it 2× “” Section 3321.04, Revised Code, provides in part as follows: “Every parent, guardian, or other person having charge of any child of compulsory school age who is not employed under an age and schooling certificate and who has not been determined to be incapable of profiting…”
Cuyahoga Cnty. Ass'n for Retarded Child. & Adults v. Essex, 411 F. Supp. 46 (N.D. Ohio 1976). · cites it 3× “(C) The child is excused from school under standards adopted by the state board of education pursuant to section 3321.04 of the Revised Code, (emphasis added) O.”
State v. Hershberger, 144 N.E.2d 693 (Ohio Ct. App. 1955). · cites it 2× “Section 3321.04, Revised Code, provides that every parent of any child of compulsory school age (with specified exceptions *191 not applicable here) must send his child to a public, private or parochial school for the full time the school attended is in session, which shall not…”
Show all 23 citing cases →
— Ohio Rev. Code § 3321.04(A) — 3 cases
Kosydar v. Wolman, 353 F. Supp. 744 (S.D. Ohio 1972). “§ 2000d, the following classes of persons are now also eligible for tax benefits: (a) Persons enrolled in home instruction programs pursuant to section 3321.04(A) (2) or 3323.05, O.R.C.”
Davis v. Davis, 873 N.E.2d 1305 (Ohio 2007). “04, which (1) compels parents to send their children to a school that meets the standards prescribed by the Ohio Board of Education unless excused by the local superintendent of schools and (2) authorizes the board to promulgate rules governing the approval of home-education…”
State v. Kielpinski, 4 Ohio App. Unrep. 75 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 3321.04(A)(2) — 5 cases
State v. Schmidt, 505 N.E.2d 627 (Ohio 1987). “Unlike the compulsory attendance statutes of most states, 6 R.C. 3321.04 specifically provides a home education exception.”
Gatchel v. Gatchel, 824 N.E.2d 576 (Ohio Ct. App. 2005). “R.C. 3321.04; Ohio Adm.Code 3301-34-03. Among the information that .”
M.J.S. v. C.S.S., 2025 Ohio 1062 (Ohio Ct. App. 2025).
State v. Levy, 563 N.E.2d 358 (Ohio Ct. App. 1988).
Gardini v. Moyer, 2 Ohio App. Unrep. 643 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 3321.04(AX2) — 1 case
Gardini v. Moyer, 2 Ohio App. Unrep. 643 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 3321.04(C) — 2 cases
State v. Lewis, 2017 Ohio 9311 (Ohio Ct. App. 2017). “See R.C. 3321.04(C) as well as former R.C. 2151.”
State v. Schmidt, 505 N.E.2d 627 (Ohio 1987). “Unlike the compulsory attendance statutes of most states, 6 R.C. 3321.04 specifically provides a home education exception.”
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