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Duration Of Electronic And Online Learning Programs Now Counted For State Funding

In the case of Electronic Classroom of Tomorrow v. Ohio Dept. of Edn., Slip Opinion No. 2018-Ohio-3126, the Ohio Supreme Court ruled that the Ohio Department of Education (“ODE”) may require evidence of durational data regarding students in order for online-based or electronic learning schools to qualify for state funding.

In this case, ODE was seeking student participation data from the Electronic Classroom of Tomorrow (“ECOT”), a completely online-based public school, in order to determine appropriate funding for its students. ECOT opposed ODE’s request stating that it only needed to provide the number of students enrolled and the total amount of school time available for the students to access. The Ohio Supreme Court sided with ODE. Specifically, the Ohio Supreme Court stated that Ohio law provides funding for public schools based upon the number of “full-time equivalent students” and, in order to measure this, ODE needs access to the duration of student participation in public school programs.

The Ohio Supreme Court’s decision has reaching effect beyond strictly online public schools. Any public school that administers part of its school curriculum through online programs will need to ensure that it logs student participation during these programs, or risk losing funding for these students.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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