When it became apparent that public school was not a good fit for her 5-year-old, an Ohio mom decided to finish her daughter’s first year of formal education at home. That’s when she was accused of running afoul of a law that, as it turns out, didn’t even apply to her.

HSLDA helped resolve the conflict, but not before Jessica Marshall endured a barrage of phone calls, truancy threats, and demands for additional documentation from local public school officials.

“This case should never have escalated to the point that it did,” noted Amy Buchmeyer, HSLDA staff attorney. “The family did everything they could to avoid a legal confrontation, but the public school district dug in its heels and kept insisting on things the law simply doesn’t require.

It all added up to a lot of stress for a mom who was just trying to do what’s best for her little girl.

Frightened and overwhelmed

In the fall of 2025 Jessica enrolled her daughter in the local public school, but soon discovered it was not the most suitable environment. The 5-year-old sometimes needed assistance with basic tasks, such as dressing in a jacket for outdoor recess or opening a packaged snack.

However, said Jessica, when her daughter asked for help the teacher told the girl to fend for herself. Jessica explained that after a series of these incidents her daughter no longer felt comfortable in the structured kindergarten setting.

“My daughter started telling me: ‘Please bring me home, mommy,’” Jessica recalled.

That’s when Jessica decided to homeschool. Early in October she sent her homeschool notice of exemption to the public school superintendent.

“I did my research, and did it the proper way,” Jessica said.

Repeated warnings

According to the letter of the law, Jessica was not required to file anything because her daughter was only 5 years old. In Ohio, children are not subject to compulsory attendance laws until they turn 6.

Nevertheless, the district continued to mark her daughter absent. Jessica reached out to HSLDA, and we wrote a letter clarifying that she had withdrawn her daughter and should no longer be receiving absentee calls.

“That’s a fairly routine letter,” Buchmeyer recalled. “Most situations end there, especially when the child isn’t at compulsory school attendance age yet.”

But the calls kept coming, along with additional demands. Officials said Jessica’s daughter would remain enrolled—and marked absent—until the mom completed the school’s specific student withdrawal form and submitted a copy of what it called a “homeschool application.”

Alarmed by this escalation, Jessica reached out to HSLDA again. Buchmeyer communicated with the district on her behalf and outlined what the law actually says.

“As a point of clarification,” she wrote, “parents in Ohio do not apply to homeschool. They notify the district that they are homeschooling. However, notices are only required when the student turns 6 and falls under compulsory school attendance requirements. Parents are also not required to utilize a specific form when withdrawing.”

Wanting to resolve the issue, Jessica completed the school’s withdrawal form and submitted a copy of her homeschool acknowledgment letter as a sign of good faith.

Officials took their time responding. Meanwhile, Jessica kept receiving automated phone calls and form letters warning that her daughter was piling up unexcused absences. The mom was informed she could face action for truancy, which might include a visit from investigators or having her driver’s license suspended.

“It was terrifying,” she said.

Peace at last

HSLDA’s legal team kept reasoning with officials and even hired a local attorney to represent Jessica when things continued to escalate. By mid-November, our attorneys’ persistence finally bore fruit.

“We even got the school’s attorney involved,” Buchmeyer said. “It should have been a quick correction, but it took several weeks and multiple levels of communication with the school to get the harassment to stop.”

Jessica said it’s been a blessing to finally focus on homeschooling free from unsettling distractions.

“We’ve been starting slowly, but I can tell my daughter is eager to learn,” she said. “I’m loving it!”