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

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

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