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HOME EDUCATING CHILDREN WITH LEARNING DIFFICULTIES
Reporting for Special Needs Children

Q: This last school year my four-year-old child was in the public school early childhood education program for special-needs children. Do I have to notify the district that I will be home educating my special-needs child and do I have to submit to their requests to test my child for special-needs under their federal "Child Find" obligations?

A: More and more families are discovering that home education of their special needs children is a viable and appropriate option. Recent studies conducted by the likes of Steven F. Duvall, a special education expert and public school psychologist, have concluded that home education offers more of the kind of education that special-needs children require -- one-on- one instruction from a motivated and loving teacher.

     Often families don't realize the problems their special-needs children will face in public school until after they are already enrolled. Withdrawing these children can be difficult. If the child has already started kindergarten, the parents will have to formally notify the district of their intent to withdraw and home educate. Enrollment in public preschool programs prior to kindergarten does not create the same requirement to notify the district of the withdrawal.

     Nonetheless, districts that have records of a special-needs child are obligated by federal law to ensure that all special- needs children have appropriate evaluations and that their parents are notified of the public school system's obligation to provide a free and appropriate education. Because the district is aware of a child having a disability, they will proceed to offer to provide assessment of that child on a regular basis because of this federal requirement. Failure to do this may subject the district and the state to penalties. Parents have the right to refuse these evaluations or any offer of service mandated under the federal law.

     Even though a parent has a right to refuse the services, districts can use legal procedures under the federal law for the disabled and under state child protection laws to force parents to provide a safe appropriate educational and home environment for a special-needs child. Therefore, parents of special-needs children are often under greater scrutiny.

     Families of special-needs children should plan carefully for the home education of their children. While the law does not require parents to work with professionals trained in the education of special-needs children, it may become a necessary defense for these families under this additional scrutiny. Developing these strategies for the first time can be very daunting. Some resources that MACHE would suggest for parents contemplating home education of their special-needs child are:
  • NATional cHallenged Homeschoolers Associated Network (NATHHAN) is an organization that has been working with families of home educated special-needs children for a number of years with a broad range of resources and support opportunities. MACHE is proud to support the ministry of NATHHAN and strongly recommends them. Contact information: NATHHAN, P.O. Box 39, Porthill, ID 83853 or their website of www.NATHHAN.com.

  • Home School Legal Defense Association (HSLDA) has a special-needs coordinator that will help its members in developing a strategy to home educate their special-needs children. MACHE strongly recommends joining HSLDA for both the potential legal representation and the support they can provide. HSLDA has a web site at www.hslda.org
     For several years I have provided legal advocacy for children with special needs in public education, and I recognize that the decision to home educate a special- needs child is a challenging one. From what I've seen of the choices that are available, a parent cannot lose by providing focused, loving one-on-one instruction. Nonetheless, it is a decision to be made with much prayer, study, and support.

     MACHE desires to update its support network for families of special-needs children. If you are a veteran family of special-needs children interested in mentoring young families facing the same difficult decisions and struggles you have faced, please contact MACHE by e-mail at info@mache.org and note "Special Education Resources" in the subject line of your e-mail.

Therefore, encourage one another and build one another up...
1 Thessalonians 5:11



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