Re: Off-topic: Special needs services - federal law

["ElsaHaas" <ElsaHaas@si.rr.com>]

After I posted my question here, someone who runs a homeschooling list found
a NYSED (New York State Education Department) memo on this issue and posted
about it on that list. 

He said that the NYSED is arguing that the version of IDEA (Individuals With
Disabilities Educational Act) that was enacted in 2004, plus the federal
regulations that came after it, don't require school districts to provide
special ed services to homeschoolers unless state law considers
"homeschools" to be private schools (in NYS, this is not the case, though in
some states it is). Since NYS doesn't have any state laws that authorize
special ed services for homeschoolers, the NYSED is now saying that NYS
school districts are not permitted to use any federal or state funds for
this. (Before 2004, IDEA was unclear on this question.)

The post was long and had lots of links, so I haven't read it all yet. But
it seems that the reason that it took the NYSED from 2004 (when the version
of IDEA in question was enacted) to now to come up with a memo on the
planned elimination of services is that there was a court case that pushed
the issue. (I think the case is still in the courts.)  

What Art mentioned about whether services are provided in the home, at the
school or at some other location has been, in NYS, something that the
homeschool parents and the school district had to work out together (and it
has sometimes been a bone of contention). Right now, some homeschool parents
take their kids into the local public school for their special sessions,
some take their kids to the therapist's office/clinic, and some are able to
have the therapist come to the home. It seems that all this will be
eliminated.

I must say that in the long run it seems penny wise and pound foolish. I
know of parents who have sued to get NYS to pay for their children's
education in private schools. 

Neighbors of ours have a kid in a "learning disabilities" school that costs
$35,000 a year, though I don't know what the outcome of their court case on
reimbursement has been yet (I think the school is not charging them full
tuition until it's sorted out). Meanwhile, I've seen homeschooling families
in which there are kids with similar difficulties (delayed reading, etc.)
handle things just fine, either on their own or with state-funded special
services that couldn't possibly total that much per year. 

If there is anyone else on this list especially interested in this topic,
please let me know off-list and I'll give you some more information. I don't
know yet whether anything is being done by any organization to organize
opposition to the loss of services.   

Elsa Haas - Director, PAHSI (Partnership for Accurate Homeschooling
Information)

-----Original Message-----
From: ElsaHaas <ElsaHaas@si.rr.com>
To: arn-l@interversity.org
Sent: Wed, 9 Jan 2008 6:26 pm
Subject: [arn-l] Off-topic: Special needs services - federal law


This is off-topic. Could someone give me a reference to the section/s in
current federal law that say that the relevant state/locality must provide
special education services to private school students?

I'm asking this because here in NYS, a possible change in policy by the
Regents (who decide on State Education Department matters) would seem to
eliminate special services for homeschooled students on the grounds that
"homeschooling" isn't "private school" (at least, in NYS, it isn't
considered to be - in some other states homeschool parents simply designate
their homes as private schools, but here we have separate regulations
specifically for homeschooling).

Please excuse my asking this question on this list - it seems like someone
here might be able to help me with this.

Thanks,
Elsa Haas
PAHSI (Partnership for Accurate Homeschooling Information)