AGO 1993-023.

• Case Date: October 27, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-023. October 27, 1993OPINION NO. 1993-023The Honorable John W. Baker Knox County Prosecuting Attorney 114 East Chestnut Street Mt. Vernon, Ohio 43050 Dear Prosecutor Baker: You have asked whether the grandparents of a particular handicapped child are "parents" for purposes of determining the school district of residence of that child. In the situation with which you are concerned, the child's parents were divorced in 1981. At the time of the divorce, the mother was given custody of the child. At a later date, as part of an agreed judgment entry effective in 1983, custody of the child was changed to the child's paternal grandparents. The mother retained rights of reasonable visitation and the obligation to pay child support, though no amount was set; there is no indication that the grandparents adopted the child. While living with the grandparents, the child was placed in a special education program through the school district in which the grandparents and the child resided, and an individualized education program ("IEP")(fn1) was prepared for the child by that school district. Since December of 1991, the child has been living with the child's mother in a different school district and has been enrolled in a special education program through that school district. The child's most recent IEP was prepared by the school district in which the child's mother resides and in which the child attends school. No documents issued by or filed with the court reflect any change in the custody of the child since 1983. You have asked the following questions:

1. Under R.C. 3323.01(H), are the student's grandparents "parents" for purposes of determining which school district is the student's school district of residence?

2. If the answer to the first question is yes, is the school district in which the grandparents reside responsible for the student's educational expenses pursuant to R.C. 3323.13?

Public School Attendance In general, a school-aged child is entitled to attend the public schools of the school district in which the child's "parent" resides. R.C. 3313.64(B). For purposes of R.C. 3313.64 and 3313.65, when a child's parents are divorced, "parent" means the parent who is the residential parent and legal custodian of the child. R.C. 3313.64(A)(1). If the child is in the legal custody of a person other than his natural or adoptive parent, "parent" means "the parent with residual parental rights, privileges, and responsibilities." R.C. 3313.64(A)(1).(fn2) Pursuant to R.C. 3313.64(J), "[i]n the event of a disagreement, the superintendent of public instruction shall determine the school district in which the parent resides." A child who does not reside in the district where his parent resides is entitled to attend the schools of the district in which the child...