Home Educators Association of Virginia Legislative Update
To: Virginia Home Educators
From: Yvonne Bunn, HEAV Director of Government Affairs
Tuesday, June 20, 2006
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SPECIAL-NEEDS MEETINGS SCHEDULED ACROSS VIRGINIA
Many homeschool parents are receiving invitations from local school districts to attend informational meetings pertaining to services for students with leaning disabilities. Both homeschooling parents and private school administrators are invited to learn about IDEIA, the Individuals with Disabilities Education Improvement Act. At these meetings, school divisions discuss their responsibilities for locating and evaluating students with disabilities, as well as changes in special education services. IDEIA (formerly known as IDEA) is a federal program to identify and serve children and youth with disabilities. Some private school and home-instructed students may receive limited services.
HEAV has attended numerous meetings across the Commonwealth during the past few months. In each meeting HEAV attended, a small amount of the school budget was set aside to provide services for special-needs private school and homeschool students. It was determined by representatives at each meeting that speech and language services would be the most effective services to provide. Both speech and language were deemed critical for literacy. The allotted funds would generally allow each school division to serve less than a dozen private school and homeschool students.
HOMESCHOOLERS HAVE NO ENTITLEMENT
Private and homeschooled students with disabilities have no individual entitlement to receive some or all of the special education and related services that students would receive if enrolled in a pubic school. The school division, however, must set aside a portion of federal IDEIA funds for private school students (and homeschool students) based on the number of students with disabilities who have been identified. These funds will be used to provide special education and related services for the 2006-2007 fiscal years to the extent afforded by the funds.
Typically, the state--not the federal government--provides 90% of special-education funding. The federal government will not allow IDEIA funds to benefit homeschoolers unless homeschools are considered private schools by the state. According to the Virginia statute, homeschools are NOT considered private schools. However, the state may distribute their money as they wish. At this time, individual school districts may offer services to homeschool students on a limited basis if funds are available. The Virginia Department of Education is presently reviewing its policy to clarify services to homeschoolers with disabilities.
CHILD FIND ISSUES
There have been incidences of representatives from local schools, known as LEAs or Local Education Agencies, attempting to identify children with disabilities under Child Find (part of IDEIA) over the objections of private school and homeschool parents. In these cases, parents refused both consent for evaluations and consent for services. Instead, parents chose to have private evaluations and private services for their special-needs children.
According to HSLDA attorney Chris Klicka, “Homeschool parents are under no obligation to allow public schools to ‘find’ or identify or evaluate their special-needs child. While schools are required under IDEIA (Individuals with Disabilities Education Improvement Act of 2004) to identify children with disabilities, parents are not required to submit to evaluations against their wishes. IDEIA regulates the actions of schools, not individual citizens.”
The United States Court of Appeals for the Eighth Circuit recently held that the federal Individuals with Disabilities in Education Act does not give public schools jurisdiction over homeschooled children who may have special needs. "Where a home-schooled child's parents refuse consent [for an evaluation], privately educate the child, and expressly waive all benefits under the IDEA, an evaluation would have no purpose. . . . [A] district may not force an evaluation under the circumstances in this case" HSLDA.
School districts may not force homeschooled children to submit to special-needs evaluation against their parents’ wishes. Although Virginia is not in the Eighth Circuit of Appeals, according to HSLDA Virginia attorney Scott Woodruff, this decision is a very powerful precedent.
EVALUATION PROCEDURES
A homeschool parent who desires an evaluation may contact their local public school. A screening should take place within 10 days. If an evaluation is determined to be necessary, the parent will fill out an educational form. One component of the team evaluation may include a study of the social history of the child by social services. The team will then write an IEP (Individualized Education Program) for the public school setting and include 25 pages of student’s rights. Services will only be provided for full-time public school students in a public school setting. If the parent decides to enroll the child in public school, the student is no longer homeschooled, and the IEP is implemented in the public school.
If the decision is made to continue to homeschool, then an ISP (Individualized Service Plan) is developed next. This is a brief overview designed to address the student’s areas of deficiency. The evaluation team will also include three pages of student’s rights. ISPs for homeschooled students are implemented at a mutually agreed upon public setting, not necessarily within the home. Progress is reported regularly and ISPs are reviewed at least annually.
HOMESCHOOL SERVICES
A homeschool student who is evaluated by a local public school and receives an IEP does not qualify for ANY services other than speech and language services. A small number of homeschooled students may receive speech therapy if funds are available.
In order for a homeschool student to receive special education services and implement an IEP, a student must become a full-time, public school student. All services take place in a public school setting.
NO ADDITIONAL REQUIREMENTS
A parent’s right to homeschool a special-needs child in Virginia is the same as homeschooling other students. There are no additional requirements for homeschool students with special needs. Homeschooling parents are not required to participate in public school IDEIA evaluations.
If you are interested in information on available services and the number of students who can be served in your school district, contact your local school division.
HEAV has attended numerous meetings across the Commonwealth during the past few months. In each meeting HEAV attended, a small amount of the school budget was set aside to provide services for special-needs private school and homeschool students. It was determined by representatives at each meeting that speech and language services would be the most effective services to provide. Both speech and language were deemed critical for literacy. The allotted funds would generally allow each school division to serve less than a dozen private school and homeschool students.
HOMESCHOOLERS HAVE NO ENTITLEMENT
Private and homeschooled students with disabilities have no individual entitlement to receive some or all of the special education and related services that students would receive if enrolled in a pubic school. The school division, however, must set aside a portion of federal IDEIA funds for private school students (and homeschool students) based on the number of students with disabilities who have been identified. These funds will be used to provide special education and related services for the 2006-2007 fiscal years to the extent afforded by the funds.
Typically, the state--not the federal government--provides 90% of special-education funding. The federal government will not allow IDEIA funds to benefit homeschoolers unless homeschools are considered private schools by the state. According to the Virginia statute, homeschools are NOT considered private schools. However, the state may distribute their money as they wish. At this time, individual school districts may offer services to homeschool students on a limited basis if funds are available. The Virginia Department of Education is presently reviewing its policy to clarify services to homeschoolers with disabilities.
CHILD FIND ISSUES
There have been incidences of representatives from local schools, known as LEAs or Local Education Agencies, attempting to identify children with disabilities under Child Find (part of IDEIA) over the objections of private school and homeschool parents. In these cases, parents refused both consent for evaluations and consent for services. Instead, parents chose to have private evaluations and private services for their special-needs children.
According to HSLDA attorney Chris Klicka, “Homeschool parents are under no obligation to allow public schools to ‘find’ or identify or evaluate their special-needs child. While schools are required under IDEIA (Individuals with Disabilities Education Improvement Act of 2004) to identify children with disabilities, parents are not required to submit to evaluations against their wishes. IDEIA regulates the actions of schools, not individual citizens.”
The United States Court of Appeals for the Eighth Circuit recently held that the federal Individuals with Disabilities in Education Act does not give public schools jurisdiction over homeschooled children who may have special needs. "Where a home-schooled child's parents refuse consent [for an evaluation], privately educate the child, and expressly waive all benefits under the IDEA, an evaluation would have no purpose. . . . [A] district may not force an evaluation under the circumstances in this case" HSLDA.
School districts may not force homeschooled children to submit to special-needs evaluation against their parents’ wishes. Although Virginia is not in the Eighth Circuit of Appeals, according to HSLDA Virginia attorney Scott Woodruff, this decision is a very powerful precedent.
EVALUATION PROCEDURES
A homeschool parent who desires an evaluation may contact their local public school. A screening should take place within 10 days. If an evaluation is determined to be necessary, the parent will fill out an educational form. One component of the team evaluation may include a study of the social history of the child by social services. The team will then write an IEP (Individualized Education Program) for the public school setting and include 25 pages of student’s rights. Services will only be provided for full-time public school students in a public school setting. If the parent decides to enroll the child in public school, the student is no longer homeschooled, and the IEP is implemented in the public school.
If the decision is made to continue to homeschool, then an ISP (Individualized Service Plan) is developed next. This is a brief overview designed to address the student’s areas of deficiency. The evaluation team will also include three pages of student’s rights. ISPs for homeschooled students are implemented at a mutually agreed upon public setting, not necessarily within the home. Progress is reported regularly and ISPs are reviewed at least annually.
HOMESCHOOL SERVICES
A homeschool student who is evaluated by a local public school and receives an IEP does not qualify for ANY services other than speech and language services. A small number of homeschooled students may receive speech therapy if funds are available.
In order for a homeschool student to receive special education services and implement an IEP, a student must become a full-time, public school student. All services take place in a public school setting.
NO ADDITIONAL REQUIREMENTS
A parent’s right to homeschool a special-needs child in Virginia is the same as homeschooling other students. There are no additional requirements for homeschool students with special needs. Homeschooling parents are not required to participate in public school IDEIA evaluations.
If you are interested in information on available services and the number of students who can be served in your school district, contact your local school division.
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This page last edited: 10 July 2006
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