Across the States
Districts Can Cause Trouble for Special Needs Homeschoolers
Despite the millions of dollars invested by the state and federal government in public school special education, many parents have decided that they can better meet their children’s special needs through one-on-one individualized instruction. But some parents find that it is not so easy to break with the public school.
Home School Legal Defense Association must often intervene on behalf of these families because school district personnel misunderstand their obligations and authority as they pertain to homeschooled children with special needs. We advise our members that they have the absolute right to determine what method of education is best for their child, and that they also have the right to refuse special education and related services from the public school.
Under the Individuals with Disabilities Education Act (IDEA), public schools have an obligation to find, evaluate, and offer services to students with learning disabilities. School district personnel then develop an individualized education plan (IEP) for these students. If a family withdraws their child from public school, the district is required to hold an exit IEP meeting with the child’s team of teachers and special needs experts; often, they ask the family to attend. However, by the time families reach the point of wanting to sever ties with the public school, they are generally not interested in attending any more meetings. Families are not obligated to attend exit IEP meetings, but the school district usually believes that they are. HSLDA’s intervention frequently involves writing to school districts to explain that a family does not want services, does not desire to attend the IEP meeting, and cannot be compelled to do so.
Unfortunately, it does not end there, because IDEA mandates that the public school offer to reassess the student every three years. School districts misunderstand that while they are required to offer the triennial evaluation, the family still has the right to refuse.
HSLDA families feeling pressured by a public school to submit to unwanted IEP meetings and evaluations regarding special needs children should contact the HSLDA legal department for assistance. Parents have every right to make decisions as to what is in the best interest of their child.
— by J. Michael Smith
