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

["Watters, Elizabeth" <Elizabeth.Watters@tri-c.edu>]

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


-----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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