The Home School Court Report
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Special education problems

A member family in Gig Harbor recently decided to utilize private sources to meet their six-year-old son's special education needs and terminated the services he had been receiving from the local public school. While the public school officials did not object to the transfer from the public to the private program, they insisted that a member of the IEP committee continue to contact the family to review their son's status. According to the Behavior Intervention Specialist from the public school, it continued to be the IEP committee's "responsibility to advocate for his needs being met."

HSLDA pointed out to this public school official that the Due Process Clause of the Fourteenth Amendment to the United States Constitution guarantees the parents the fundamental right to direct the education of their son. "Therefore, it is their responsibility to act as [their son's] advocate and to make decisions concerning what is best for his education, not the public school district's," we wrote.

To date, the family has received no further inquiries from the public school officials concerning their son's special education needs. — Dewitt T. Black