Across the States
Families Can Decline Special Ed Services
When a Home School Legal Defense Association member family in the Region Nine Education Service District decided to remove their daughter from the special education program she was participating in at the local public school, they contacted HSLDA for advice. The parents had come to believe that the public special education setting was not the best for their daughter, and they were troubled that the public school had recently requested to observe their child at home. Like other families in their situation, they wanted to know if removing their child from the public school program was legal, and they wondered what their options might be.
HSLDA staff explained to the family that they could legally decline services from the public school and meet their daughter’s special education needs privately. HSLDA Attorney Tj Schmidt then contacted the school officials and informed them that the parents were declining the school special education services and instead would have their daughter’s needs met through a privately developed plan (PDP).
Under Oregon law, parents can create a PDP team with one or more private service providers to address their child’s special education needs. While not required in Oregon to homeschool a special needs child, forming a PDP enables parents to use an alternative method of evaluation to a standardized achievement test. In other words, the PDP team conducts the evaluation at the end of the third, fifth, eighth, and tenth years to demonstrate satisfactory education progress.
HSLDA expects that our member family will receive no interference from the local public school as they go on to provide for their daughter’s special education needs privately.
— by Thomas J. Schmidt