HSLDA was able to intervene on behalf of Iowa special needs homeschoolers recently. A school district was attempting to role back the legislative clock and
“If your child is currently identified as a child requiring special education, a hearing must be held with the IEP team prior to being approved for competent private instruction [homeschooling].”
The details of the case are here HSLDA
I want you to be very aware of the laws in your state! There are those in “charge” that would subtly or overtly use any ignorance of the law against you. Such as, a Social Worker appears at your door demanding entry to your home to assess it’s safety and to interview your children. Do you let them in? Some would say yes, “I don’t want to cause trouble or make them think I am hiding something.” WRONG! You have a constitutional right, unless they have a court order,or police there saying their is imminent danger, to deny them entry. You have the right to deny them interviews with your children or any unsupervised time. Call your lawyer and have them on the phone WHILE you are talking to the social worker.
What about an IEP team, do I have the right to say no to their ideas? In some states you must have an IEP if you are homeschooling a “identified” special needs child. You are the captain of the team. Try to work with them. Be clear about your main role as parent and educator. Here are warning signs that your IEP team is not trying to be helpful.
“You are the captain of the team.”
1. The IEP is written when you get there. This is thought out plan of education the team puts TOGETHER.
2. You are denied the right to recorder the IEP session.
3. A team member uses intimidation to quiet you. Loud voice, standing up to tower over you, or grabbing your personal notes or belongings.
4.Too much of time is used to try to talk you out of homeschooling.
5. Any outside information you bring in such as an OT evaluation is disregarded.
6. Continual changes of time and place or you are told they can do most of it without you so you being late is not important.
7. Being told you cannot homeschool your child it’s illegal (know your law don’t rely on their knowledge of homeschooling law)
8.Being told that homeschooling would amount to abuse and the team is contacting the Child Protection services. (again know your law, here in my state homeschooling is specifically listed under education neglect as NOT being abuse)
While these are warning signs all is not lost. Here are some ideas to stay safe and legal.
1. NEVER take the bait! Remain cool and calm always no matter what happens.
2.Record the entire meeting, and take good notes.
3.Bring along a friend, relative, or special needs advocate.
4. Know your law, in fact take a couple copies with you!
5. Bring copies of ALL pertinent records.
6.Make a list of problems or remedies you plan to do.
7. Be in charge as the head educator know that you have the RIGHT to homeschool your child!
I pray that you will not have these problems to deal with! If you do keep your head and get help. Get a lawyer send all information certified mail to the school system. An ounce of prevention may pay off in a pound less of legal problems. Stay tuned friends. With the beginnings of national school standards, national homeschool standards will not be far behind.