| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 4/3/2002 4:47:42 PM Dewitt T. Black III, Esq., Senior Counsel of HSLDA Georgia--Calls Needed on H.B. 1590 |
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---------------------------------------------------------------------- From the HSLDA E-lert Service... ---------------------------------------------------------------------- April 3, 2002 Dear Georgia Members and Friends, Your calls to state senators are needed if Georgia is to enact legislation that would entitle home school students to receive the same special education services now provided to private school students. Georgia House Bill 1590 passed the House of Representatives on March 26, 2002, and is currently in the Senate State and Local Government Committee. This committee must hold a hearing and vote on H.B. 1590 in the next few days in order for the bill to have time to be voted on by the full Senate before the 2002 legislative session ends. Unless the members of the committee hear from home educators this week, this bill will probably die without further consideration. REQUESTED ACTION Please call the chairman and members of the Senate State and Local Government Committee, which are listed below, as well as your own senator and give this message: "Please vote for House Bill 1590 which will allow home school parents with special needs children to obtain the same special education services as private school students." It is especially important to call if you have ever been refused special education services from your local school, so that the senators can see that there is a need for this legislation. SENATE STATE AND LOCAL GOVERNMENT COMMITTEE Senator Nadine Thomas, Chairman - 404-656-0078 Senator Donzella James, Vice Chairman - 404-656-0049 Senator Horacena Tate - 404-463-8053 Senator Mike Beatty - 404-656-0057 Senator Jeff Mullis - 404-463-4514 Senator Rusty Paul - 404-656-7428 To get the name and telephone number of your state senator, use HSLDA's Legislative Toolbox at: http://www.hslda.org/toolbox. BACKGROUND Introduced by Representative Lynn Westmoreland, H.B. 1590 would add a provision to state law that would entitle home school students to receive the same special education services now provided to private school students. The bill text is as follows: "For the purposes of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., students enrolled in home study programs meeting the requirements of Code Section 20-2-690 shall be deemed to be private school students and shall be provided with the same special education and related services as students enrolled in private schools." The federal courts have left it up to the states to define what a "private school" is. In Georgia, private schools are in a different category than home study programs. H.B. 1590 would insure that students in home study programs are treated the same as private school students under federal IDEA. The Individuals with Disabilities Education Act (IDEA) amendments of 1997 explicitly provide that the local school district must attempt to locate, identify, and evaluate all children residing in its district who are suspected of having disabilities. The school district's obligation, however, is merely to make evaluations available. If a parent does not consent to the evaluation, then there is no legal obligation to submit his child to the school district's testing. As with public school children, following the initial evaluation, an eligibility determination must be made by a group of qualified professionals and the child's parents, and this group must determine whether the child is a "child with a disability" as defined in IDEA. If a determination is made that the child needs special education and related services, the general rule is that an Individualized Education Plan (IEP) must be developed for the child. Of course, if the parents make clear their intention to educate their child at home and that they are not interested in a public school program, the school district need not develop an IEP for the child. The 1997 amendments to IDEA make clear that a school district is obligated only to spend federal dollars in providing services to private school students. A state may expend its own funds, but it is not obligated to do so. The eligible private school students receive what is called a "proportionate share" of the federal funding. The proportionate share is the percentage of eligible private school students among the school district's total population of eligible students. To view a copy of the bill, visit http://www.hslda.org/elink.asp?ID=390. Very truly yours, Dewitt T. Black, III HSLDA Senior Counsel {{JoinAd}} ---------------------------------------------------------------------- The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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Thank you for your cooperation. ---------------------------------------------------------------------- | |
