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CAPE-NM
Christian Association of Parent Educators-NM
dedicated to serving the home school community
Inform Encourage Support Protect Defend Preserve
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HEADLINE
No public school special needs services will be available for home schoolers after this school year.
DETAILS
A year-old change in the interpretation of federal regulations for IDEA (this time it stands for Individuals with Disabilities Education Act) filtered down into the NM Public Education Department (NMPED), and the result was a letter from the PED (reprinted below as forwarded from a home school family) to all state school districts requiring them to cease all special service to home schoolers effective the end of this school year, 2007-2008.
The question is no longer “What services are available to home schoolers,” but “How many home schoolers expecting continued services will be turned away in August 2008?” and “How will we comfort, counsel, and guide families who will struggle to find alternative opportunities for their children?”
For the record, HSLDA tried, unsuccessfully, to get language inserted federally, that would make provision for home schoolers regardless of the individual state law. Fair warning: Legislative remedies are expensive and exhausting. While we might agree in principle that tax dollars paid should result in services provided, perhaps it’s time to consider other options. What can the home school community, churches, professional organizations, retirees, professional therapists, do to make sure that home schoolers with various special needs receive services? In a perfect world, there would be home schooling speech therapists and every other kind of therapists who would volunteer services or barter them away, and we would find a way to repay their generosity. Home school families are so determined and creative. They will always find a way, even when there doesn’t seem to be a way. The government does not provide for us. God does! While we gather information, we would
like to encourage you to pray with us.
CAPE exists to support the entire home schooling community. Our statement of purpose includes informing, encouragement, and support, to protect, defend, and preserve home education for every family. Does this include finding ways back into the system? While we debate that point, we need to make sure every home school family gets this information so they can prepare for the changes ahead.
According to the last paragraph of the memorandum (below) the local educational agency, or school district, will seek out children with special needs and try to make sure their parents understand that services will only be available to their children if they enroll. “In order to ensure that parents of home schooled children with disabilities understand that if they home school their children, they are waiving their child’s right to FAPE [Free Appropriate Public Education], before the 2008-2009 school year, LEAs will be required to send a notice to such parents advising them that if they take their children out of the public school, they will be waiving their child’s right to FAPE. The notice should also include an invitation to the parents to enroll their child in your public school so that FAPE can be provided.”
This concerns us. There are so many “faint-hearted” home schooling families who need encouragement to home school. Will they be overwhelmed by the pressure? When services are rejected, will there be allegations of neglect? In the next few weeks we will continue to use all our contacts at the NMPED, HSLDA, and social services (CYFD) to find answers, and to make suggestions regarding our response.
We have concerns and want to see home school families informed and protected. We have spent the last 12 years developing an organization, funding, and relationships to do just that.
It will be helpful to know how many home school families there are currently receiving public school services for their children and what kind they are…physical therapy, occupational, speech, etc. We are working on a survey of districts, and at the same time, we are looking for reports of home schoolers who have used PED services and have found the process either helpful or not. We would also be interested in knowing how different home school families have located and utilized these services outside of the public school system.
A wonderful home school mom has volunteered to organize the information for us, so if you have any of the experiences named above, please send an email to info@cape-nm.org or reply to this email address.
We will continue to bring helpful workshops to support special needs families. The Struggling Learner Seminar held recently in Rio Rancho was absolutely amazing, and revolutionized the way many of us look at our kids’ learning glitches.
Have not I commanded thee? Be strong and of a good courage; be not afraid, neither be thou dismayed: for the LORD thy God is with thee whithersoever thou goest. Joshua 1:9 KJV
Don’t panic! You are not alone in this!! CAPE is committed to serving and supporting every home school family.
Text of NMPED letter as forwarded
RE: HOME SCHOOLED CHILDREN WITH DISABILITIES
Under the previous state rules, for purposes of the Individuals with Disabilities Education Act (IDEA) Part B funding, the New Mexico Public Education Department (NMPED) treated home schooled children the same as parentally placed private school children which meant 34 CFR §§ 300.130-300.144 would then apply, including 34 CFR § 300.134 which would require the local educational agency (LEA) to consult with the parents of a home schooled child regarding the proportionate share of Part B funds available to serve that child. In addition, pursuant to 6.31.2.11(L)(5) NMAC of NMPED’s old rules, home schooled children were included in the LEA’s child count. The LEA was also required to locate, evaluate and determine the eligibility of children with disabilities who were schooled at home.
However, 6.31.2.8(A) NMAC and 6.31.2.11(L)(5) NMAC have been amended in NMPED’s special education rule that went into effect on June 29, 2007 for the following reason. In the Analysis of Comments and Changes in the IDEA regulations issued August 14, 2006, OSEP stated as follows: “Whether home-schooled children with disabilities are considered parentally-placed private school children with disabilities is a matter left to State law. Children with disabilities in home schools or home day cares must be treated in the same way as other parentally-placed private school children with disabilities for purposes of Part B of the Act only if the State recognizes home schools or home day cares as private elementary schools or secondary schools.” 71 Fed. Reg. 46594 (2006). New Mexico state law defines a “private school” as follows: " ‘private school’ means a school, other than a home school, that offers on-site programs of instruction and that is not under the control, supervision or
management of a local school board.” Section 22-1-2(K) NMSA 1978 (Emphasis added).
Since home schools are not private schools under New Mexico law, 6.31.2.11(L)(5) NMAC has been amended to read as follows: “Children schooled at home. Each LEA shall locate, evaluate and determine the eligibility of children with disabilities who are schooled at home pursuant to Secs. 22-2-2(H) NMSA 1978.” This means that the LEA still has child find responsibilities with regard to home schooled children but no longer has an obligation to provide home schooled children with disabilities a free appropriate public education (FAPE). In addition, the LEA will no longer include home schooled children in their child count for Part B funding purposes.
NMPED realizes that this change will require an adjustment on the part of LEAs and that service plans are already in place for home schooled children for the 2007-2008 school year. As a result, LEAs will continue to be allowed to include home schooled children within the geographical boundary of the LEA in their child count for the 2007-2008 school year and to treat them as they have in past years. However, beginning in the 2008-2009 school year, the LEA will no longer be permitted to include home schooled children in their child count for Part B funding purposes and will no longer be required to have a service plan in place for home schooled children with disabilities. This does not include home bound children who are placed at home by the IEP team because of health or other reasons. Those children are still entitled to FAPE and will still be included in the child count.
In order to ensure that parents of home schooled children with disabilities understand that if they home school their children, they are waiving their child’s right to FAPE, before the 2008-2009 school year, LEAs will be required to send a notice to such parents advising them that if they take their children out of the public school, they will be waiving their child’s right to FAPE. The notice should also include an invitation to the parents to enroll their child in your public school so that FAPE can be provided. Should you have questions regarding this memorandum, please call the Special Education Bureau at (505) 827 - 1457 for further assistance.
Blessings,
The CAPE-NM Board of Directors
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CAPE-NM
P. O. Box 3203
Moriarty, NM 87035
info@cape-nm.org
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