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LEGAL/LEGISLATIVE UPDATES
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ACROSS THE STATES
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Opposition to homeschooling handicapped child
Home School Legal Defense Association recently assisted a member family residing in Dickinson after the public school superintendent contended they were ineligible to homeschool their handicapped son. North Dakota is the only state in the nation that prohibits the homeschooling of children with any developmental disability besides autism. Relying on this provision of North Dakota law, the superintendent held that the child was developmentally disabled, even though the school district's evaluation of the child did not support his position.
Under North Dakota law, "developmental disability" means a severe, chronic disability which is likely to continue indefinitely, which results in substantial functional limitations in three or more areas of major life activity, and which requires care or treatment of lifelong or extended duration. While the school district's evaluation indicated that the child had a learning disability, none of the findings categorized this child as "developmentally disabled." The superintendent had judged this child to be developmentally disabled without applying the legal standard.
HSLDA Senior Counsel Dewitt Black informed the superintendent in a letter that the family did not accept his decision prohibiting them from homeschooling their son, because the superintendent had failed to apply North Dakota law in reaching his decision. Black also advised the superintendent that the parents intended to begin homeschooling their son after giving the required 14 days' notice under the homeschool law. To date, the school district has made no further attempt to interfere with this family's right to homeschool their son.
— by Dewitt T. Black
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