In opinion No. 2018-016, the Ohio Attorney General determined that the school district of residence – as determined by the juvenile court – must pay for the cost of educating a child who is in the temporary or permanent custody of a children services agency when the children services agency places the child in a private, out-of-state institution – provided the state is a member of the Interstate Compact on the Placement of Children.
Whenever an abused, neglected, or dependent child is committed to the temporary or permanent custody of a public children services agency, the juvenile court committing the child is required to declare which school district will be responsible for the costs of educating the child. The Ohio Attorney General held that the school district of residence, as declared by the juvenile court, is responsible for the cost of educating the child even when the child is placed by the children services agency in a private, out-of-state institution. The Ohio Attorney General did clarify that the other state where the child is placed must be a member of the Interstate Compact on the Placement of Children for a school district of residence to be responsible for the costs.
To read the attorney general opinion, 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.