Home Schooling for Children With Disabilities
OAR 581-021-0029
District Responsibilities
When the district is notified that a resident student with a disability is home schooled, the district must provide a written notice to the parents that the district stands ready to provide a free, appropriate public education (FAPE) if the student enrolls in the district.
This notice is provided annually as long as:
The student remains eligible for special education;
The student is exempt from compulsory education as a home-schooled student; and
The student is not receiving special education and related services from the district.
If the student is receiving special education and related services from the district, the district will offer an annual IEP meeting to consider continuation of special education services in conjunction with the home schooling.
An IEP will only be developed for a student with a disability if the IEP team determines that FAPE can be provided in conjunction with home schooling. Services can be provided in the home only to the extent that special education and related services would be provided in the home if the student were not home schooled.
The IEP team will convene, and an IEP will be developed, consistent with the requirements for IEP team meetings, IEP team memberships, and the IEP content with the following exceptions;
The student’s parents shall be treated as both parent and regular education teacher unless the parent designates another individual as the regular education teacher.
Under “extent of non-participation in regular education”, the IEP shall state the student is exempt from compulsory school attendance and regular education is provided through home schooling.
The IEP must state how satisfactory educational progress will be determined.
The District ensures that:
Students with disabilities who are home schooled are reevaluated at least every three years.
If the team determines that a specific evaluation is necessary to continue eligibility or to determine appropriate special education and related services for the student’s IEP and the parent refuses consent for such evaluation, or refuses to make the student available, the district will document to the parent that the district stands ready to conduct the evaluation hen the parent gives consent and/or makes the student available.
If the district does not have sufficient evaluation information to determine eligibility or to develop an IEP, the district is not required to complete these activities. The district will provide Prior Written Notice of Special Education Action if the district terminates eligibility or services under these circumstances.
A child who is exempt from compulsory school attendance as a home-schooled child with a disability will continue to be considered an exempt home-schooled student even though;
The child receives special education and related services from the district, unless these services are the equivalent of full-time enrollment in the district; or
If the district permits partial enrollment of home schooled children and pursuant to that policy, the child attends one or more regular education classes.
Parents of home schooled children with disabilities have the same procedural safeguards as children with disabilities enrolled in the district, except for the following;
A parent is not entitled to an independent education evaluation at public expense under OAR 581-015-0094 if the parent disagrees with an IEP team evaluation regarding satisfactory educational progress under this rule.
parent may not request a due process hearing under OAR 581-015-0081 to contest a district’s decision not to provide special education and related services in conjunction with home schooling. (Due process hearing procedures are available for disagreements about eligibility.)
Child Find
If the district suspects that a home schooled student has a disability, the district:
Obtains parent Consent for Initial Evaluation
Conducts an initial evaluation and determines the student’s eligibility to receive special education and related services.
If parents state that they will refuse both the evaluation and services, if offered, the school does not need to duct an evaluation or create an IEP. The district documents to the parents that it stands ready to consider conducting the evaluation and/or offering services when the parent(s) give consent.
If the student is eligible, the district notifies the parent and offers an opportunity for an IEP meeting to consider initiation of special education and related services to the student.
If the parent refuses consent, does not respond, or refuses to make the student available, the district stands ready to conduct the evaluation when the parent gives consent or makes the student available.
If a parent intends to home-school a child with a disability, the district shall offer, and document to the parent;
An opportunity for the child to receive special education and related services if the child were enrolled in the district; and
An opportunity for IEP meeting to consider providing special education and related services to the child with a disability in conjunction with home schooling.
An IEP shall only be developed for a child with a disability if the IEP team determines that a free appropriate public education can be provided in conjunction with home schooling.
Documentation of Progress and Graduation
In order for parents of home schooled children to document progress with instruction, of the following tests is administered through the Northwest Regional ESD: California Comprehensive Test of Basic Skills, Iowa Comprehensive Test of Basic Skills, Metropolitan Achievement Battery, or Stanford Achievement Battery. The criteria are set at the 15th percentile.
Home schooled students do not receive a standard diploma because home schooling is not accredited instruction. The ESD provides documentation that the student has completed their schooling as “home schooled”. They may earn the diploma through an accredited correspondence course or through a GED program.