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

[aburke5054@aol.com]

The "memo," or ""Regent's item," says explicitly that IDEA grants free 
and appropriate public education to eligible home schooled children who 
are enrolled at a public school.  A child can be both home schooled and 
enrolled in a public school.  That can be worked out.  This seems fair 
and nondiscriminatory to me, although I can see how people dead set 
against the public schools might not think that way.  Still, there is 
an irony in that, apparently, if a state defines home schooled students 
to be equal to students in public or private schools, a home schooled 
child could be served in his or her home, but I don't see that public 
education would necessarily be required to serve the child in his or 
her home.

Art

-----Original Message-----
From: ElsaHaas <ElsaHaas@si.rr.com>
To: arn-l@interversity.org
Sent: Thu, 10 Jan 2008 9:00 am
Subject: Re: [arn-l] Off-topic: Special needs services - federal law

This is the link to an official document cooked up by the NYSED that 
seems
(though I have not read it all yet) to indicate that this is more than
hysteria, but a real impending problem that will not be resolved by a 
simple
"query" (this is what I had referred to as a "memo", but it's now being
referred to by a NYSED staffer as a "Regents item"):



http://www.regents.nysed.gov/2008Meetings/January2008/0108vesidd3.htm





Art used the word "hysteria."  (Oh well, I had thought that for once he 
was
trying to be helpful.)  Of course, I believe that fairness and
non-discrimination will ultimately win out. (Doesn't it always, in our 
great
nation?) But there does seem to be a danger that there may be a gap in
services before that happens, and for a large number of kids, and 
perhaps
for a long time, as these things can take a while to fix.



Elsa Haas (PAHSI)



-----Original Message-----
From: arn-l-owner@interversity.org 
[mailto:arn-l-owner@interversity.org] On
Behalf Of Watters, Elizabeth
Sent: Thursday, January 10, 2008 11:45 AM
To: arn-l@interversity.org
Subject: Re: [arn-l] Off-topic: Special needs services - federal law



Not to add to any hysteria, but isn't there a section of one of the laws
stating that the state has a requirement to provide intervention for
children with disabilities or at risk for developing them from birth to 
age
3?

In addition, I believe children aged three to 21 are eligible for 
services,
no matter where they are placed.  In fact, a rationale for alternate
placement (if there is one) is required by law, implying that alternate
placements are acceptable.



________________________________



From: arn-l-owner@interversity.org on behalf of aburke5054@aol.com

Sent: Thu 1/10/2008 11:44 AM

To: arn-l@interversity.org

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







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






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