September 29, 2009
Fort Dodge Demands Hearing to Homeschool Special Needs Children
On July 1, 2009, the Fort Dodge school superintendent sent a letter to homeschool families stating: “If your child is currently identified as a child requiring special education, a hearing must be held with the IEP team prior to being approved for competent private instruction [homeschooling].”
After receiving a copy of this from an alert member, HSLDA Senior Counsel Scott Woodruff sent a letter to the superintendent explaining that the approval of the school system is no longer necessary before homeschooling a child with identified special needs. Woodruff asked the superintendent to send out a letter of correction.
Formerly, if a child had been identified as requiring special education, the family needed the approval of the area education agency in order to homeschool the child. But under recent changes to regulations, approval is only needed if the parent wants the child to be evaluated (or reevaluated) for special education services or programs. (IAC 281-31.10).
The superintendent reviewed Woodruff’s letter and subsequently sent out an appropriate letter of correction.
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