Filed: January 7, 2002

Nature of Case: Mr. and Mrs. T provided the Department of Education with HSLDA's recommended form signed by certified teacher. The statute requires submitting only "independent professional evidence on whether the child is handicapped." The state's form, however, asks for the method of screening, the date of screening, and recommendations for further screening. Because the family submitted only the information required under the statute, the Commissioner of Education called for a hearing on March 8, 2002, to determine whether the T's home school "can or will provide a minimum course of study."

Rulings:

3/19/2002. The hearing officer ruled against the T family, holding that the Department of Education may ask for any data upon which the independent professional's conclusion is based.

Status: HSLDA appealed the hearing officer’s decision to the Vermont Supreme Court. After Mr. and Mrs. T. submitted the requested paperwork, the Vermont Supreme Court dismissed the case as moot.

Last Updated: June 17, 2002.

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