Homeschooling can be an ideal educational choice for families with children with disabilities. Consider the advantages of learning from home, including one-one instruction, a flexible routine, and comfy reading chairs. As a homeschooling parent, you can provide a setting that allows for ample movement, hands-on learning, minimal distractions, and curriculum modifications. Homeschooling can provide your child with an education tailored to their specific needs and learning style, but are special education services available for homeschooled students as well?
There are also additional services, such as speech therapy, physical therapy, occupational therapy, and counseling, a parent who teaches their child with disabilities may not feel qualified to provide in a homeschooling environment. Many districts offer these services within the school, but are homeschooled children still entitled to receive these services from their local school district? The answer is complicated and mainly dependent upon where you reside. You can find out what services your child is eligible to receive by examining federal and state legislation.
What the Federal Law States About Homeschooling Children with Disabilities
Surprisingly, federal laws give little guidance concerning the right to homeschool within the United States (and even less guidance about homeschooling children with disabilities). The constitutional right to homeschool is oft-debated between those who feel homeschooling should be a federal right and those who wish to preserve the doctrine of states’ rights. A handful of Supreme Court cases often cited have set a tenuous precedent for the fundamental right of all Americans to educate their children as they see fit. Currently, homeschooling is legal in all 50 states, with each state providing its own guidelines, regulations, and laws.
At the federal level, The Individuals with Disabilities Education Act (IDEA) of 2004 is the most significant legislation regarding the education of special needs children. IDEA is a law that provides free public education to children with disabilities, including special education services.
IDEA’s Child Find Mandate requires all public schools within the United States to offer free evaluations to children with disabilities. If a child needs services, they have a right to an Individualized Education Program (IEP). An IEP is a contract between the student, the student’s parent/guardian, the school, and the Department of Education that outlines the special education instruction, supports, and services the student is entitled to receive.
If you are a homeschooling parent, your child still has the right to receive a free evaluation through your local school district; however, evaluation is not compulsory and requires parental consent. While the IEP is a helpful tool for the homeschooling parent seeking special education services, it is also not a requirement. The above are the only federally outlined mandates that pertain to specially-educated students. States provide all other guidance.
States’ Rights and Homeschooling the Special Needs Child
Each state has a policy regarding homeschooling and special education services. At least 31 states and the District of Columbia qualify homeschooled special education students for some type of special education service. To discover homeschool laws in your state, check out the Coalition for Responsible Home Education website. It provides detailed sections on homeschooling laws and policies within each state. For instance, when visiting the California page, you immediately notice the state has a high level of government regulation concerning homeschooling. Scroll down the page, and you will see an article about special education provisions that states homeschoolers are “classified as private schools and are entitled to the federal funds earmarked for private school students.” In several states, like California, the distribution of funding is decided upon by the school district. If this is the case in your state, visit your school district’s website and contact the director of education to find out what services, if any, your child may receive.
Some states and school districts are simply more accepting and accommodating toward homeschoolers. Many states do not extend public special education services to homeschooled children. Families end up taking on the cost of expensive services and technologies like speech therapy or assistive devices. However, homeschooling families who do not receive special services may find financial help through Supplemental Security Income, Medicaid, tax credits, and special needs grants. MindWorks Collaborative also offers free or reduced-cost special education services and coaching for homeschool families. Connect with them here to learn more.
For many, whether or not to homeschool comes down to one question: do the benefits of homeschooling my special-needs child outweigh those of the free special education services offered through the public school system? There is no correct answer to this question; it is a decision each family must make themselves. But before you even ask yourself the question, take some time to research what services or government aid might be available for your child. You might be pleasantly surprised.
Sources:
- The Home School Legal Defense Association
- Child Find Mandate
- The First Amendment Encyclopedia- Homeschooling
- Grants for Homeschooling
- Government Program for Children With Disabilities
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