My daughter was 8 when we learned through school based testing that she had a significant learning disability in reading. The school psychologist regretted to inform me that because she was homeschooled, they wouldn’t be able to provide services.
I believed that for two years until a friend’s son got not only reading services, but also transportation. I did a little digging and learned that it is state law that districts not only provide services to students with IEPs regardless of whether they are homeschooled or not but must also provide transportation.
I went back to the district and told them they would be providing services and they agreed to provide them 5 times a week for 30 minutes a day starting in the fall.
The fall came and one month after school started I was contacted with “good news” that the district would be able to provide reading services twice a week for 30 minutes but I would need to transport her myself.
I informed them that they would be providing 5×30 and that they would also be providing transportation.
She started services the following Monday, and took a bus.
I thought that perhaps they truly didn’t know – that there was some chance it was an honest mistake, until a friend was told the exact same thing while walking past my daughter getting reading services.
Many districts intentionally lie to families to avoid providing special education services and transportation that they are required by law to provide.
It is crucial to understand your rights in order to access the services you pay for via property taxes.
- You are entitled to request an evaluation for special education at any time. The school district must complete the evaluation within 60 days of your written request.
Parents should be aware that they have the right to request an evaluation for special education at any time, and that when they do so in writing, the school must complete an evaluation within sixty calendar days.
Educational Solutions of CNY
- You are entitled to a second opinion, at the school district’s expense, if you disagree with the results of their evaluation.
Requests by parents. If the parent disagrees with an evaluation obtained by the school district, the parent has a right to obtain an independent educational evaluation at public expense. A parent is entitled to only one independent educational evaluation at public expense each time the school district conducts an evaluation with which the parent disagrees.
Westlaw (section G1)
- You are entitled to mediation if you and the district disagree and are unable to reach a resolution.
Each school district must ensure that procedures are established and implemented to allow parties to resolve disputes involving any matter for which an impartial due process hearing may be brought through a mediation process, including matters arising prior to the filing of a due process complaint notice.
Westlaw (section H1)
- You are entitled to an Individual Educational Plan (IEP) if your child qualifies, which is a legally binding document. The district must provide the services stated in the IEP regardless of whether a child is homeschooled. You may need to request services by a certain date in order to secure services for the following school year.
Special education services must be provided to home-schooled students on an equitable basis as compared to special education programs and services provided to other students with disabilities attending public or nonpublic schools within the district.
New York State Department of Education
- You are entitled to transportation to and from the place of service.
All districts must provide transportation for all pupils with disabilities residing in the district for whom such services are specified in the Individual Education Plan (IEP). This includes to and from special classes or programs up to fifty miles from the home of such student.
New York State Department of Education
Interested in learning more? Come to our next Homeschool Roadmap.