Special Needs Children: Obtaining Special Education Services

Many parents choose homeschooling because they feel the traditional school setting doesn't meet their child's needs, especially those with special needs. This can lead to questions about accessing special education services while homeschooling.

This guide explores the legalities surrounding special needs services for homeschooled children in California.

Who Qualifies for Special Education Services?

The federal government mandates special education services for qualified students with disabilities regardless of their learning environment. This includes homeschooled children.

How Can I Access Services as a Homeschooler?

There are two main options for accessing special education services as a homeschooler:

• Public Independent Study Programs or Charter Schools: Enrolling your child in a public independent study program or charter school allows them to receive the same special education services as traditional public school students. This is typically the easiest path as it adheres to established regulations.
• Private Homeschool: You can homeschool your child privately while still receiving special needs services. However, this option involves more legal complexities.

Important Considerations for Private Homeschooling with Services:

• Legal Requirements: California law requires private homeschools to meet specific guidelines to qualify for services. Resources like the California Department of Education (https://www.cde.ca.gov/sp/se/) can help you understand these requirements.
• Services Offered: The extent of services available may differ compared to public schools. Federal law outlines the minimum services provided (https://sites.ed.gov/idea/about-us-department-of-education/).
• Legal Advocacy: Several organizations like the Disability Rights Education and Defense Fund (https://dredf.org/about-us/) can provide legal guidance and support.

Additional Resources:

• Protection and Advocacy, Inc.: https://www.pandasc.org/about/
• Council of Parent Attorneys and Advocates: https://www.copaa.org/
• Wrightslaw: https://www.wrightslaw.com/
• Homeschooling Legal Resources: https://www.hsc.org/ (Contact: legal@hsc.org)
• Association of Home School Attorneys: referrals@ahsa-usa.org
• California State Bar: https://www.calbar.ca.gov/

Remember: Consult with these organizations to determine the best course of action for your child's specific needs.

Important Note:  While the law seems to support denying services if a "free appropriate public education" exists, it's a constantly evolving area. If the public school services don't meet your child's needs, seeking legal help to enforce their right to a proper education might be necessary.

Disclaimer: Public and charter schools can deny enrollment in independent study programs. Funding and administrative ease often influence these decisions. Unfortunately, there's currently no legal basis to challenge these denials.

*This page is adapted from an article written fro HSC by Linda J. Conrad Jansen, Esq. Read the entire article here.