question about IEP's

[AmyinWI]

I think this might be an issue I'll have to contact HSLDA about, but just wanted to get some ideas here as well.

M has attended public school for speech therapy since Feb. 09, so she has an IEP for speech,and then that gets redone feb.2010 (if I'm understanding this correctly)

Now here is where my concern comes in. If I plan on homeschooling her fall 2010, and she has an IEP, can they legally hold that against me? Do I have the option of refusing the sign the new IEP in Feb,and looking into private speech therapy?
thanks

[Alice R]

I'm certainly no expert on this topic but I don't think it's a problem.

You have the right to refuse services, right? :unsure:

[Shannon P]

Federal law mandates that the schools offer services to public school students. The IEP is a legally binding agreement between you and the schools defining those services. If the student is withdrawn from enrollment, they are no longer a public school student. The school is released from its obligation to provide services according to the IEP.

[WendyW]

Do you want to continue speech services, or do you want to decline and are afraid they will raise a ruckus?

My boys take speech through the schools. We have NEVER had an issue with them being homeschooled. You have the right to refuse any services offered if you think the service is inappropriate. In my experience, the speech therapists don't give a hoot where the kid goes to school, they just want to help with the speech.

An IEP legally spells out what the school is required to do, it is NOT legally binding on YOU to continue.

[Melissa C]

An IEP legally spells out what the school is required to do, it is NOT legally binding on YOU to continue.

Agreed. You have the right to refuse services whenever you want to. In addition, you could add your own private speech services and still benefit from those of the school system.

Not sure if this has come through clearly, but special ed services are not offered as an annual package deal. If you want to keep her in the same services from Feb until school is out, go for it. At the February IEP review meeting, you would just sign the IEP as if nothing will be changing. You do not have to specifically withdraw from the Special Education program when the time comes.

Feel free to e-mail for more IEP related questions if you ever need to. While I don't know WI law, much of it is federal law and I had to know all of that.

[AmyinWI]

Federal law mandates that the schools offer services to public school students. The IEP is a legally binding agreement between you and the schools defining those services. If the student is withdrawn from enrollment, they are no longer a public school student. The school is released from its obligation to provide services according to the IEP.


thanks for the clarification.
When I took my (now 19yo dd) out of school in 5th grade, the principal called me and yelled at me about how dare I take out a student that had an IEP,and how was I planning on providing that at home. that is why I am worried..

[AmyinWI]

Do you want to continue speech services, or do you want to decline and are afraid they will raise a ruckus?

My boys take speech through the schools. We have NEVER had an issue with them being homeschooled. You have the right to refuse any services offered if you think the service is inappropriate. In my experience, the speech therapists don't give a hoot where the kid goes to school, they just want to help with the speech.

An IEP legally spells out what the school is required to do, it is NOT legally binding on YOU to continue.

unfortunately the schools here have a BIG problem with providing services to homeschooled kids. I met the ST in our new school district and she told me flat out that they won't provide services next fall unless I enroll her. :sad: She told me that the district is not required legally to provide.. I have to research whether that is true or not.

So if I continue with speech next fall, it will have to be through a private ST.

[WendyW]

She told me that the district is not required legally to provide.. I have to research whether that is true or not.


Definitely research it. I THINK the Federal law reads that they have to provide SpEd services for all kids who live in the district, on a space-available basis. That includes private schools, too. The problems come in how the state interprets that. Some simply never have (or claim to not have) the space/personnel. Others read it being obligated to provide for private-school students, but homeschoolers are not counted as private-school students.

But, if the school is that hostile, I'd not want to deal with them anyway. In the long run it will be more trouble than it's worth.

There is a variety of speech materials available for working at home, the one FIAR offers and others. That would be worth exploring also.

[Shannon P]

I'm sorry you were treated so badly before. I think they genuinely believe they are the only ones capable of teaching a student with an IEP, or any student for that matter.

I did not mean to imply that the IEP is legally binding on you. You have the right to refuse services at any time. The IEP defines what the school is obligated to do. If you want your child to continue from Feb. until the end of the school year, you will have to sign an IEP in Feb.

Federal law mandates that public school students are entitled to a free, appropriate public education (FAPE for short.) Public schools must also provide a proportionate amount of services to private school students in their district. Homeschooled students are not mentioned in federal sped law, only public and private schools, so it's up to state law as to whether or not homeschoolers are defined as private schools. If homeschoolers qualify under state definitions as a private school, or if the state has made other provisions, they can receive services as a private school. Even as a private school, students are not entitled to services as public school students are. The public schools retain all power for deciding which private students in their district get services, and what services they will get. Legal mediation for disputes over services do not apply to private school students (voluntarily placed their by their parents) because they are not entitled. Entitlement follows enrollment.

If homeschoolers are not defined as a private school, they are completely at the mercy of the schools' generosity. Public schools are expressly allowed to provide more services than they are legally obligated, but are often reluctant to do so (insert lame reason here.) This can come down to an individual administrator or teacher's judgment. Some use the law as an excuse, some care more about kids than the letter of the law, and some see it as an investment to prevent greater expense should the homeschooled student enroll later with more profound delays.

However, this does not apply to testing students for eligibility for services. Public schools are obligated to test all students in their district for disabilities, no matter where they are enrolled or how they are progressing. This part of the law is called Child Find.

Even as a public school student, and especially as a private school/homeschool student, students will likely receive less services than would be recommended by the private sector. In my experience, private therapists have more experience with a wider variety of needs, have better materials, and spend more individual time with kids than a over scheduled, under compensated public school therapist.

It is none of their business how you intend to provide services, though I wouldn't put it past them to inquire. When I withdrew my ds, I told them we'd found a private placement. If they ask where to send their records, I'd tell them that the receiving school will request them.

ETA: forgive me for not including references to the federal law for my info.

[Shannon P]

A quick perusal of HSLDA indicates that 'private school' is not well defined in WI.

Further, I found this (http://dpi.wi.gov/sms/homeb.html) on the WI dep't of education site:

17. Is my school district required to provide special education and related services for my child while he/she is enrolled in a home﷓based private educational program?

No, school districts are not required to provide special education and related services to children with disabilities enrolled in home-based private educational programs. However, since neither federal nor state law prohibits districts from providing special education services to home-schooled children, school districts may provide any special education and related services to these children that they deem appropriate. If a public school district chooses to provide these services, the costs are not aided by DPI under federal or state categorical aids. Public school districts are required to identify and evaluate all children in the district who may have a disability. If a child is found to have a disability, the district must offer a placement that would provide the child a free appropriate public education. Generally, this placement means the child would be enrolled in a public school. If you suspect that your child may have a disability, you can request that he/she be evaluated by the public school. The district will then perform a publicly-funded evaluation and, if your child is found to be a child with a disability, offer your child a placement to meet his/her educational needs.