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

[aburke5054@aol.com]

I very much doubt that states are not required to offer special ed 
services to home schooled children.  As I said, states are required to 
offer a free and appropriate public education to students eligible 
under IDEA, but states are not automatically required to provide 
services in children's homes or private schools.   Remember that 
children are eligible for IDEA services from ages 3 through 21 and very 
few 3 year olds are enrolled in either public schools or private 
schools, so clearly school enrollment itself is not determinative.  A 
query to NYSED should clear up the question of the eligibility of home 
schooled students and that is a better way to go rather than get caught 
up in the hysteria and misinformation that attend many lists.  This one 
excepted, of course.

Art


-----Original Message-----

From: ElsaHaas <ElsaHaas@si.rr.com>

To: arn-l@interversity.org

Sent: Thu, 10 Jan 2008 6:38 am

Subject: Re: [arn-l] Off-topic: Special needs services - federal law





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)





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