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July 1, 2003
Mr. and Mrs. M. v. Vermont Department of Education
State Commissioner of Education calls hearing over alleged deficient form

Filed: February, 2002

Nature of Case: Mr. and Mrs. M 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 on the HSLDA form, the Commissioner of Education called for a hearing, to determine whether the M's home school "can or will provide a minimum course of study."

Rulings:4-24-02. The hearing officer ruled against the M family, holding that the Department of Education may ask for any data upon which the independent professional's conclusion is based. This case was then consolidated with the T family's case on appeal to the Vermont Supreme Court.
4-1-03. The Vermont Supreme Court upheld the hearing officer's decision.

Last Updated: June 17, 2002.

Note: HSLDA has revised its form to bring it into compliance with the Supreme Court's decision.