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School Calls Due
Process Hearing
When Tim and Karen Sue Tolin received notice that Ubly Community Schools had called a due process hearing for their son Sean, they turned to Home School Legal Defense Association for help.
Having already raised five biological daughters, the Tolins have subsequently devoted their lives to helping special needs children through foster care and adoption. They currently have nine adopted children, seven of whom they homeschool.
Sean, their 8-year-old, has been diagnosed with multiple challenges, including congenital brain anomalies, ADHD, obsessive-compulsive disorder, gastroesophageal reflux disease, asthma, and Asperger’s syndrome. In fall 2008, Sean started 2nd grade at Ubly Elementary School, but his parents found that he was not receiving the care he needed. After a final incident with the school, the Tolins withdrew Sean to homeschool him.
Although the public school was pursuing special services for Sean, his parents were providing extra care through private professionals. After withdrawing Sean from the school, the Tolins no longer needed or wanted its services. However, school officials insisted that the Tolins have Sean undergo the evaluations they recommended and that he be given an individualized education plan. When Mr. and Mrs. Tolin refused, the school district’s attorney called a due process hearing.
The Tolins, who are HSLDA members, contacted us for help. HSLDA Litigation Attorney Darren Jones wrote a letter to the district’s attorney explaining that the Tolins had chosen to home educate Sean and waive his right to a “free appropriate public education” for the school year. Jones further explained that a recent decision by the Eighth Circuit Court of Appeals (litigated by HSLDA) affirms a parent’s right to refuse special needs evaluations for their homeschooled children. (See Fitzgerald v. Camdenton R-III School District, 439 F.3d 773, 777 [8th Cir. 2006].)
After receiving the letter, the district’s attorney quickly drafted an agreement that both parties signed, and Ubly Community Schools dropped the proceedings.
The Tolins report that Sean is now happily making excellent academic progress at home.
— by Christopher J. Klicka
