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sbgrace

? about school therapy rights

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I was told via the school that homeschool children who would qualify for an IEP will get a home plan instead that entitles them to services but not as much hours/specialists/etc. as a school enrolled child? Depending on the delay it would probably be 1/3 to 1/2 what we would get if he was enrolled. Does that sound legal?

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It depends on the state. In FL and in NC, hs kids can get speech and occupational therapy, but that is it.

 

The school is required by law to test if you ask, but they don't have to give your hs child services unless your state requires it.

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Yes, unfortunately it does sound legal the way I understand the law.

 

School districts are not required by law to serve homeschool (or private scool kids) who would otherwise qualify for special education beyond evaluation.

 

The way it works in Texas (where I am), homeschool children are considered the same as private school. The school district receives a certain amount of federal money for each student that is identified as special ed. including those in private/homeschool. The school is required to spend that amount given for private/homeschool kids on private/homeschool kids, but there is no requirement that they serve every child or give each child the same amount. Here, it is up to each individual school district to set policy on how that federal money is spent. Our districts gives priority to younger students; others may only give walk-in therapy services; others speech only. It is varies greatly from district to district.

 

To illustatrate, if there are 10 private/homeschool kids identified as special ed. in a district and the district gets $1000 a piece in federal money, then $10,000 total must be spent on at least some of those 10 kids. One child may get $5000 in services, two children $2000, and one child $1000, which uses up all the money. That leaves six kids with no services at all, and, as long as the district is applying policies consistently, no legal obligation for the district to provide them with services. (Numbers are purely hypothetical for illustrative purposes.)

 

I would recommend looking up your state law as it applies to what services are required. HTH!

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Yes. Here they won't offer any services unless they are fully enrolled. The only thing I can get is testing/evaluation.

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I guess I'm fortunate then that they'll do anything!

I know she said they have to provide services by law here so I guess just not equitable services and I'll be pleased for anything we get.

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HI- ALL

I am unsure about what is legal in differing states- I am lucky to be in a state that is Special Ed friendly thanks to a strong group of parents in the 70's and 80's- and their families now. But if you have questions call your state Legal Advicacy board-

My state says that they have to serve students. I was told it is the way they get funding from the Fed with no child left behind and IDEA.

You may want to give your state board of education a call to find out too.

 

NOTE: CALL YOUR REPRESENTATIVES IDEA is up again this YEAR!!!!! with all of the Ecomony issues- THERE will be cuts made- and one of the first things to go will be services for homeschool students. There is a group called the WRIGHTSLAW Group that are very activeand can it comes to special ediucation and they can also tell you what is legal and what is not. wrightslaw.com

 

Good Luck

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The HSLDA site has a page that shows what each state offers to homeschool students under IDEA. Unfortunately, the way IDEA is written it allows states to spend money on services on homeschoolers and private school students, but doesn't REQUIRE it. It was then up to each state to legislate how they would distribute the funds. Some states (like New Mexico where we are) don't allow any of the funds to be spent on private or homeschooled students. It's unfortunate because with that type of legislation, it then makes it that even if we wanted to enroll our oldest in a private school that had a smaller classroom size which would be easier to handle her needs, then they don't have to offer services and don't have to do an IEP to be sure her needs are being met. *sigh* In most states, if you homeschool you give up your right to FAPE.

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My ds can get exactly the same resource help for writing and spelling as a homeschooler that he was able to get as a ps student. I can send him in daily, or a couple times a week.

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The HSLDA site has a page that shows what each state offers to homeschool students under IDEA. Unfortunately, the way IDEA is written it allows states to spend money on services on homeschoolers and private school students, but doesn't REQUIRE it. It was then up to each state to legislate how they would distribute the funds. Some states (like New Mexico where we are) don't allow any of the funds to be spent on private or homeschooled students. It's unfortunate because with that type of legislation, it then makes it that even if we wanted to enroll our oldest in a private school that had a smaller classroom size which would be easier to handle her needs, then they don't have to offer services and don't have to do an IEP to be sure her needs are being met. *sigh* In most states, if you homeschool you give up your right to FAPE.

 

It is to my understanding that if you read the 504 FAPE law it says regardless of where the child schools (It was written open ended because many children at that time it was orginally passed were being insitutionalized or stayed home and didn't go to school-).

I maybe wrong again-but I would encourage all to look into the laws-IDEA maybe the big one but there are other laws governing special education services-You can get a copy for your state's regulations from the Department of Education in that State.

Remember: Regulations do not change unless someone challenges them or lobbys their state representatives define them better -

I really encourage anyone who is having trouble to contact the Wrightslaw group they are very nice and want to help. While the HSLD knows homeschool law- this group specializes in all laws pertaining to Special Education.

Again- I am very blessed to be in a state that is Special Ed friendly and becoming more Homeschool friendly.

Good Luck:)

Lisa

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Side note: Schools and States have been penalized for not serving individuals with needs in the past. I know of a school in recent years that literally lost over $10,000 in funding for the next year because they did not service a child that qualified. (This may not seem like much- but in today's economy ever bit hurts and helps.)

But it takes strong parents that are willing to challenge the schools to get the changes needed. Please be a strong parents not only for your child but also for those other families who aren't strong enough and future families.

I am now reaping the benefits of such parents and am eternally grateful to them for their hard work and continued dedication.

 

Remember: There is power in numbers and it just takes 1 to make a change for good.

:grouphug:

Good Luck!!!!

Lisa

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