Issue Description

Under the Individuals with Disability Education Act (IDEA), some education officials are under the mistaken belief that current law requires them to give evaluations to special needs children—regardless of whether parents give consent—including children in non-public schools. This unjust reading of IDEA is a problem for families who have chosen to remain free from all government assistance.

However, HSLDA won an important case in 2006, Fitzgerald v. Camdenton R-III School District¹, in which the court ruled that a school district did not have the right to override a parent’s consent. One of the results of this case is that new regulations make it very clear that parents, not the school district, are the ones who make the decision whether or not their children will be evaluated under IDEA.

HSLDA worked closely with the regulators and is in full support of these regulations, and continues to work closely with any homeschooling families who are still facing problems due to school districts misunderstanding the new regulations.

¹ Fitzgerald v. Camdenton R-III School District, 439 F. 3d 773, 206 L. Ed. Rep. 837, C.A. 8 (Mo) March 01, 2006 (No. 04-3102)

Special Education Provisions in the 50 States and Territories