Homeschooling Special Needs Child in Southern California?

Question

Hello, I work with a family (I'm the home health aide and also the one on one aide for school) who has a disabled little girl who is seven years old. She has autism, severe develpmental delay, seizure disorder, vision problems, heart problems, bleeding disoder, non-verbal, sensory processing disorder, etc. Her family is having a very hard time finding an appropriate classroom for her to be in. The closest thing we have found right now is a county program where she has to be on the bus an hour each way. She lives in the walnut district, but that district has no low functioning classrooms, only very high functioning. The district and the county have both told the parents that homeschooling their daughter is out of the question. Is this legal? If the parents aren't happy with the situation and there is no alternative isn't it their choice as to where they want their daughter educated? This little girl also has private therapies at home.Anyone have any advice?

Answer 1

You wrote--Her family is having a very hard time finding an appropriate classroom for her to be in. The closest thing we have found right now is a county program where she has to be on the bus an hour each way.

Is the family trying to get help on their own, or is the school helping them? surely this child is in special ed and it is the schools responsibility to follow federal special ed laws and provide what this child needs, free of charge for the parents.

you wrote-She lives in the walnut district, but that district has no low functioning classrooms, only very high functioning.

This does not matter. Schools are suppose to provide INDIVIDUAL education for each childs own needs. (children who are in special ed, that is)
Whatever the child needs, they are suppose to get it. If they have no 'low functioning' classrooms, they are suppose to get them, or pay for child to attend somewhere that has this, if that is what child needs.
They can't say 'we can't do this' or 'we don't have that'.
It doesn't matter. They are by law suppose to get it.

Homeschool is legal in all states. Search google for the official homeschool agency for your state, and tell them the problem. They will help. I would also write to whoever told you this crap and request the legal policy that supports the statement ''homeschooling their daughter is out of the question.''

Special ed has specific legal process that parents and schools must follow. Most parents don't know these laws exist and most schools won't tell them. And, most schools do not follow these laws because there's no one to force them to.

These are federal laws called IDEA 'individuals with disabilites educational act'. There are other laws that protect this child called 'section 504 act of 1973' and ADA-'americans with disabilities act'.

The IDEA laws are for the parents to get what the child needs in school, and is entitled to by law.

The parent needs to contact their state dept of education and ask for the federally funded advocacy agency. This is an agency that helps parents for free. I used one for 8 months and they were great. They will help with getting what the child needs in school.

The very best websites to find info on IDEA laws (which are FEDERAL law, by the way) is www.wrightslaw.com and www.reedmartin.com

Also, go to www.hslda.org (or .com). This is the 'homeschool legal defense association' This is the best site for homeschooler laws and rights.

And, www.schwablearning.org has the BEST parent to parent message board on getting each part of your problem answered by parents who really care and really know what they are talking about.

Answer 2

Since this family is in California, the child has the legal right to services through the local Regional Center. If she already has regional center services, including case management and advocacy, make sure that her Client Program Coordinator is on the ball and supporting this family. If she does not have regional center services, contact them ASAP! (Just type in "California regional centers" into Yahoo Search, and you will find the Department of Developmental Services website, which will enable to connect with your local regional center.) A regional center staff person should be able to assist with advocacy for the child, and to help the parents get legal advice if needed. Also contact the Arc (www.thearc.org), which can also give a lot of useful information and support.

Given the scope and severity of this child's medical and developmental conditions, it should be easy to make the case that it would be detrimental to her health and well-being to travel 2 hours daily in order to be in the closest class which best serves her needs. As a special education teacher in a county class (but not in your area), I have done "Home and Hospital" instruction for kids whose medical needs have made it impossible for them to be transported to an appropriate school site. Obviously the time I spent with a child in her home was far less instructional time than she would have gotten in a 6-hour school day 5 times a week. But I did bring materials and equipment into the home and show the parents how to use them, so the child got one-to-one instruction from the people who love her most, and that's always a good thing.

In many cases, I am not in favor of homeschooling kids with disabilities, because it's important for most to have the social life that comes with being enrolled in school. Even children with severe disabilities benefit from friendship and social interaction. But it sounds as if this child's health issues outweigh social interaction component of school, if the only way this could occur is 2 hours on the road daily.

So please contact the Regional Center and the Arc and see what assistance they can give.

Answer 3

I looked up laws in CA and it's very loose. all you have to do legally to homeschool is write a letter of intent to the school. Often homeschooling is the best option for children with disabilities. I have two with autism, one higher functioning and one lower functioning and it has worked better for both to be home. They are much more relaxed and more open to learning, stress is down. I am able to provide a truly individual program, unlike anything a school COULD do, no matter how hard they tried.

When we pulled our children out of school, we did write letters in regards to their IEP's, saying that we were legally releasing the school from their obligations under IDEA. Since the IEP is a legal contract, I thought it would be good for records. I wrote a very nice letter saying that under Oklahoma law (I inserted the statute number) i was exercizing my right to homeschool my child. Then I explained that I understood their concerns pursuant the IDEA and the child's services under an IEP, and that I was legally releasing them from their obligations.

Whoever mentioned money was right. Regular students get something like $50 a day for education, sped get a lot more. Kind of makes you wonder where it goes, you have ten autistic kids in a classroom, and they're using scraps of construction paper to make their PECS cards.
And to be fair, teachers are usually taught that they ARE the only people who know how to teach, so it's inconceivable that a parent actually knows their child better and would be capable of learning.
We actually started homeschooling with the IEP that we had for school. Very quickly outreached it, and just advanced the goals in it. We worked closely with our psychologist and our DTT therapist to keep evaluation ongoing and for suggestions on the most appropriate curricula.

Good luck. It has been a lifesaver in our house, and such a blessing.

Answer 4

Yes--I've worked with autistic children isn schools. Many high-functioning autistic children can benefit from being in a classroom and can master at least some of the material.

Based on your description, this child is not even remotely close to being one of them. That goes for homeschooling as well as "in class" school.

Unfortunately, it is politically correct to make a pretense that "all children can benefit from school"--and I wish it were true. Maybe someday we willl have the technology and knowledge so that will be true.

But this today--not decades from now. What this child needs--and likely would benefit from--is training that is geared to her needs and functional level. Putting her in a classroom simply gurantees she will not get that--because schools are not equipped to do that kind of work---and cn't be, realistically. So she will essentially be set to one side by a teacher who knows good and well the girl isn't getting the help she needs and isn't equippedto provide that help. And that teacher will do the only ethical thing she can do -- use her energy and time to help the students she can help. A teacher's aide or other person willl be assigned to babysit.

This scenerio is essentially what will happen as a result of any attempt to "homeshool" this child. I don't know if the parents are going to be willing to face this--and I don't suggest you get yourself fired trying to get through to them if they are in denial (very possible). But the truth is--that kind of education will do this girl no good., while the right kind of special training might The only thing it will accomplish is gettin in the way of find her whatever real help may be available.

BtW--I am all for "inclusive education"--I have a disability myself (and 3 advanced universitydegrees)--and I know the majority of children with disabilities can--and absolutelyshould--be in school. But the pretense that that is "all" children does those like this girl a dissservice. She needs help--yes--but the right KIND of help.

Answer 5

Well I would think as long as they follow the curriculum the state sets up for this type of special needs child they should be able to do homeschooling. Hey contact the Govenors office. In most states you can get the number from information. You may not be able to talk to the Govenor but the office should be able to properly direct you to the right place. Maybe even write a letter to the Govenors wife who is a Kennedy. John Fitzgerald Kennedy had a retarded sister and their family where the founders behind Special Olympics so should deffinately be able to help you with some info in that area.

Answer 6

I am not familiar with California's school law. I am a home school mom in a midwestern state. I have a friend who home schools her mentally retarded daughter. Where I live the parents are the primary caretakers and have every right to pull their child from the public school. I believe this is true in most if not all states. There are home school programs for handicapped children. One I can think of called NATHAN. You could try to find out if there are home school support groups in your area. They would know the law regarding this.

Answer 7

I would check with your state laws. I know that in most states, you can homeschool. They dont like for you to because thats less money for the school, but its the parents choice. They should do whats best for the little girl. You must be a very caring person to ask this question. We need more of people like you. Good luck with the little girl.

Answer 8

your allowed to home school your child even if its just because you don't want them being around other kids , they can't keep you from it, my friends daughter who is disabled and 12 years old has never went to school for anything , and they have never had any problems with it , go to your board of education and ask them about the laws where you live , they shouldn't be much different then anywhere else , good luck