Special Education Provisions in the 50 States and Territories

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Most states have no additional requirements for homeschooling special education students than homeschooling other students. The parental rights to homeschool are the same under the compulsory attendance laws in all the states except Iowa, North Dakota, Pennsylvania, and Vermont. The additional requirements for special education homeschooled students in those four states are listed below.

In regards to special education services from the public schools, about 90% of special education funding comes from the state-not the federal government. Although the federal government will not allow their IDEA money to go to homeschoolers in "home school law states", the states can distribute their 90% any way they want. Below the "home school law" states are indicated that provide services for special education homeschoolers.

If a state is a "private school law state", homeschoolers are eligible from services funded by both the federal IDEA program and the state.

Note: HSLDA believes that with receiving government funds, certain freedom and privacy is lost. Each homeschooler should weigh the cost with the benefit they would receive. In order to enable families to not feel obligated that they must take government support for their special education student, HSLDA has established a private fund through the Home School Foundation that makes support available.

Alabama

Most parents in Alabama teach their children at home under the auspices of a church school, pursuant to Section 16-28-1(2) et seq of the Alabama Code. Church schools are not considered private schools. Since only public and private schools are eligible to receive IDEA funds for special education services, the government is not obligated to provide special education services for students enrolled in a church school program.

Alaska

Alaska has a private school provision contained in Alaska Statutes Sections 14.45.100 - 14.45.130. Families operating their home education program under the private school statute should be eligible to receive IDEA funds for special education services.

Arizona

Special services are available at the election of the school district.

Arkansas

Section 6-15-507 of the Arkansas Code states that children identified under IDEA as having disabilities are eligible for services to the same extent as private school students.

California

Homeschoolers are classified as private schools and are entitled to the federal funds specifically earmarked for private school students. This funding is minimal and how those funds are spent is entirely at the discretion of the school district.

Colorado

Has a private school provision. If homeschoolers are operating under private schools, they are eligible to receive special services.

Connecticut

According to the Connecticut State Board of Education, a student receiving home instruction is not enrolled in a private school so is not eligible for special education or related services.

Delaware

Homeschools are classified as "nonpublic schools" according to Delaware Code Annotated Title 14 Section 2703. Since only public and private schools are eligible to receive IDEA funds for special education services, public schools are not obligated to provide services for Delaware homeschool students with special education needs. Some multi-family homeschool groups have successfully filed under the private school law in order to be eligible for IDEA services at the public schools.

District of Columbia

There are no additional requirements for homeschool students with special needs. In addition, though homeschooling is considered "private instruction," we have never heard of homeschoolers receiving funding.

Florida

Has a private school provision. If homeschoolers are operating under private schools, they are eligible to receive special services.

Georgia

For the purposes of IDEA, students enrolled in home study programs shall be deemed to be private school students and shall be provided with the same special education and related services as students in private schools. (Code 1981, Section 20-2-159, enacted by Ga. L. 2002, p. 798, Section 1.) 20-2-159 Georgia Code Annotated

Guam

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

Hawaii

Special services are available at the election of the school district.

Idaho

A student may dual enroll and enter into any program in the public school available to other students subject to the compliance with the same rules and requirements. If enrollment for a specific program reaches the maximum priority for enrollment shall be given to a student enrolled in a public noncharter school. Idaho Code § 33-203

Illinois

Homeschool students are classified as private school students for the purposes of IDEA funding for special education services

Indiana

Homeschools operate as a private school, therefore they are entitled to special services.

Iowa

Parents may homeschool a child who has been identified as having special needs only if they have approval from the special education director of the Area Education Agency. Iowa Code § 299A.9; Iowa Admin. Code § 281-31.9. Children may dual enroll in the public school and receive special education services. Iowa Code § 299A.8; Iowa Admin. Code § 281-31.5.

Kansas

Under the private school option, entitled to special services.

Kentucky

Private school state, entitled to special services.

Louisiana

Under the private school option, entitled to special services.

Maine

Homeschoolers are placed into the same category as private school students for the purposes of special education funding. There is no need to enroll in a private school in order to attempt to obtain or be eligible to receive special education services.

05-071 Department of Education, Chapter 101, Maine Special Education Rules (www.maine.gov)

4.7 Responsibility for Students with Disabilities Enrolled by Their Parents in Private Schools or Receiving Home-Schooling

A. Child Find Responsibilities For Private School/Home Schooled Students—Each school administrative unit must locate, identify and evaluate all private school students, including religiously-affiliated school students, and home schooled students who have disabilities residing in the jurisdiction of the unit in accordance with § 4.2, Resident Students.

B. Basic requirement—services—To the extent consistent with their number and location in the State, provision must be made for the participation of private school students/home schooled students who have disabilities in the program assisted or carried out under Part B of the IDEA by providing them with special education and supportive services in accordance with these rules.

C. Expenditures—To meet the requirement of these rules, each school administrative unit must spend on providing special education and supportive services to private school students/home schooled students with disabilities, an amount that is the same proportion of the S.A.U.'s total subgrant under § 1411(g) of the IDEA as the number of private school students/home schooled students with disabilities aged 5 through 20 residing in its jurisdiction is to the total number of students with disabilities in its jurisdiction aged 5 through 20.

S.A.U.s are not prohibited from providing services to private school students/home schooled students with disabilities in excess of those required by these rules, consistent with State law or local policy.

D. Services determined—No individual right to special education and supportive services. No private school student/home schooled student with a disability has an individual right to receive some or all of the special education and supportive services that the student would receive if enrolled in a public school. Decisions about the services that will be provided to private school students/home schooled students with disabilities under these rules, must be made in accordance with this section.

Consultation with representatives of private school students/home schooled students with disabilities. Each S.A.U. shall consult, in a timely and meaningful way, with appropriate representatives of private school students/home schooled students with disabilities in light of the funding under this section, the number of private school students/home schooled students with disabilities, the needs of private school students/home schooled students with disabilities, and their location to decide which students will receive services under this section, what services will be provided, how the services will be provided, and how the services provided will be evaluated.

Genuine opportunity—Each S.A.U. shall give appropriate representatives of private school students/home schooled students with disabilities a genuine opportunity to express their views regarding each matter that is subject to the consultation requirements in this section.

Timing—The consultation required by this section must occur before the S.A.U. makes any decision that affects the opportunities of private school students/home schooled students with disabilities to participate in services under these rules.

Decisions—The S.A.U. shall make the final decisions with respect to the services to be provided to eligible private school students/home schooled students with disabilities.

E. Services provided—General. The services provided to private school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools. Private school students with disabilities may receive a different amount of services than students with disabilities in public schools. No private school student with a disability is entitled to any service or to any amount of a service the student would receive if enrolled in a public school.

Services provided in accordance with a services plan. Each private school student with a disability who has been designated to receive services under these rules must have a services plan that describes the specific special education and related services that the S.A.U. will provide to the student in light of the services that the S.A.U. has determined, through the process described in §§ C and D above, it will make available to private school students with disabilities.

The services plan must, to the extent appropriate meet the requirements of §10.2, Individualized Education Program Components, with respect to the services provided; and be developed, reviewed, and revised consistent with Part 8, Pupil Evaluation Team Process, and Part 10, Individualized Education Program (I.E.P.).

F. Location of services—On-site. Services provided to private school students/home schooled students with disabilities may be provided on-site at a student's private school/home school, including a religiously-affiliated school, to the extent consistent with law.

Transportation. Transportation of private school students/home schooled students with disabilities to a site other than a student's private school/home school must be provided if necessary for a student to benefit from or participate in the other services offered. The cost of that transportation may be included in calculating whether the S.A.U. has met the requirement of these rules. School administrative units are not required to provide transportation from the student's home to the private school/home school, but only to the site where the services are offered, and either return the student to the private school or to the student's home, depending on the timing of the services.

G. Complaints—due process hearing inapplicable. The due process hearing procedures in Part 13, Dispute Resolution Procedures, of these rules do not apply to allegations that an S.A.U. has failed to meet the requirements of this section, including the provision of services indicated on the student’s I.E.P.

State complaints and mediations. Complaints that an S.A.U. has failed to meet the requirements of this section may be filed under the complaint procedures in § 13.5. Parents and schools may also use the mediation procedures in § 13.4 to resolve a dispute.

H. Separate classes prohibited—An S.A.U. may not use funds available under §§ 1411 or 1419 of the IDEA for classes that are organized separately on the basis of school enrollment or religion of the students if the classes are at the same site; and the classes include students enrolled in public schools and students enrolled in private schools/home schools.

I. Requirement that funds not benefit a private school/home school. An S.A.U. may not use funds provided under §§ 1411 or 1419 of the IDEA to finance the existing level of instruction in a private school/home school or to otherwise benefit the private school/home school. The S.A.U. shall use funds provided under Part B of the IDEA to meet the special educational needs of students enrolled in private schools/home schools, but not for the needs of a private school/home school; or the general needs of the students enrolled in the private school/home school.

J. Use of public school personnel—An S.A.U. may use funds available under §§ 1411 and 1419 of the IDEA to make public personnel available in other than public facilities to the extent necessary to provide services under this section for private school students/home schooled students with disabilities and if those services are not normally provided by the private school/home school.

K. Use of private school/home school personnel—An S.A.U. may use funds available under §§ 1411 or 1419 of the IDEA to pay for the services of an employee of a private school/home schools if the employee performs the services outside of his or her regular hours of duty and the employee performs the services under public supervision and control.

L. Requirements concerning property, equipment and supplies for the benefit of private school students/home schooled students with disabilities—A public agency must keep title to and exercise continuing administrative control of all property, equipment, and supplies that the public agency acquires with funds under §§ 1411 or 1419 of the IDEA for the benefit of private school students/home schooled students with disabilities. The public agency may place equipment and supplies in a private school for the period of time needed for the program. The public agency shall ensure that the equipment and supplies placed in a private school are used only for Part B purposes; and can be removed from the private school without remodeling the private school facility. The public agency shall remove equipment and supplies from a private school if the equipment and supplies are no longer needed for Part B purposes; or removal is necessary to avoid unauthorized use of the equipment and supplies for other than Part B purposes. No funds under Part B of the Act may be used for repairs, minor remodeling, or construction of private school facilities.

Maryland

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

Massachusetts

There is no law or regulation that specifically states that Homeschoolers are eligible for special education services under MA Law. However, since homeschooled students are treated essentially as privately instructed students under MA law, the MA Department of Education takes the position that homeschoolers would likely be treated the same as a private school student under MA Special Education Law in any court ruling. The MA legislature has required that local school districts offer some form of special education services for eligible public and private schooled students from their districts.

HSLDA maintains that it is best for homeschoolers with special education students to provide those services privately. However, HSLDA will defend homeschool freedoms regardless of whether those services are provided privately or in connection with a local school district.

Michigan

Auxiliary services* are available to families who are homeschooling under the nonpublic school option. State law entitles nonpublic school students to access auxiliary services on an equal basis with public school students. M.C.L.A. 380.1296.

“The board of a local school district shall provide special education programs and services designed to develop the maximum potential of each student with a disability in its district on record under section 1711 for whom an appropriate educational or training program can be provided in accordance with the intermediate school district special education plan …" M.C.L.A. 380.1751(1). It is the Michigan Department of Education’s policy to provide special education services to students of public and nonpublic schools only.

*These include health and nursing services and examinations, street crossing guards services, national defense education act testing services, teacher speech and language services, school social work services, school psychological services, teacher consultant services for students with a disability and other ancillary services for students with a disability, and remedial reading.

Minnesota

Homeschoolers are eligible for special educational services the same as private school students under Minn. Stat. § 125A.18.

Mississippi

A home instruction program in Mississippi is a type of nonpublic school, not a private school, so the state has no obligation to share IDEA funds with homeschoolers.

Missouri

Homeschoolers are eligible for special educational services the same as private school students under Mo. Rev. Stat. § 162.996.

Montana

Under Montana law, a home school is not included in the category of either a nonpublic or a private school. Accordingly, the state has no duty under federal law to provide special education and related services to home school students.

Nebraska

Homeschooling is considered "private schooling." In addition, Nebraska has a new law allowing homeschoolers access to public school programs. While this law does not specifically refer to access to special needs programs, a reasonable interpretation would seem to allow homeschoolers to these programs.

New Hampshire

A parent may educate an "educationally disabled child." N.H. Rev. Stat. 186-C:5. Home-educated pupils shall have access to curricular courses and cocurricular programs offered by the school district in which the pupil resides. The local school board may adopt a policy regulating participation by home-educated pupils provided that the policy is not more restrictive for home educated pupils than it is for other pupils. N.H. Rev. Stat. 193:C-1.

New Jersey

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

New Mexico

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

New York

Special services are available at the election of the school district.

Nevada

The law in Nevada equates homeschoolers with private schools for the purposes of special education.

NRS 392.070

2. The board of trustees of each school district shall provide programs of special education and related services for homeschooled children. The programs of special education and related services required by this section must be made available: (a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.440 to 388.520, inclusive; (b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and (c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.

North Carolina

According to Section 115C-563 of North Carolina General statutes, home schools are classified as "non public schools." Accordingly, the state has no duty under federal law to provide special education and related services to home school students.

North Dakota

If the child's basic composite scores on a standardized test falls below the 30th percentile, the child must be professionally evaluated for a potential learning problem by a multidisciplinary assessment team. If the multidisciplinary team determines that the child is not learning disabled and does not need special education services, the parent may continue to provide instruction if the parent files with the local superintendent or county superintendent (if there is no local superintendent) a plan of remediation to address the academic deficiencies of the child. This plan must be developed by the parent in consultation with and with the approval of a state-certified teacher. The plan of remediation must remain in effect until the child achieves a test score at or above the 30th percentile or a score indicating one year of academic progress. If a child has a disability which requires special education services, the parent must file an individualized education program with the superintendent of the school district. N.D. Cent. Code §§ 15.1-23-11, 15.1-23-12, and 15.1-23-13.

A parent may provide home education to a developmentally disabled child under the following conditions: 1. The child has been determined to have a developmental disability by a licensed psychologist; 2. the child's parent qualifies to provide home education under § 15.1 23-03, as described above; and 3. the child's parent files with the superintendent of the child's school district of residence: (a) a notice that the child will receive home education, (b) a copy of the child's diagnosis of a developmental disability prepared and attested to by a licensed psychologist, and (c) a services plan developed and followed by the child's school district of residence and the child's parent; or, after providing written notice to the superintendent of the child's school district of residence, a substitute services plan, developed and followed by a services plan team selected by and compensated by the child's parent. A parent providing home schooling to a child with developmental disabilities must file with the local superintendent progress reports prepared by an individualized education program team selected by the parent on or before November 1, February 1, and May 1 of each school year. N.D. Cent. Code §§ 15.1-23-14 and 15.1-23-15.

Ohio

The official position is that no special needs services are available to either homeschoolers or students in 08 schools.

Oklahoma

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

Oregon

Homeschoolers have access to interscholastic activities, but not special services. The law allows special exemption from testing for special needs children.

Pennsylvania

A student identified pursuant to the provisions of the IDEA as needing special education services shall be in compliance with the homeschool law when the program addresses the specific needs of the student and is approved by a teacher with a valid certificate from the Commonwealth to teach special education or a licensed clinical or certified school psychologist, and written notification of such approval is submitted with the notarized affidavit required under the homeschool law. The student may receive special education and related services from the state when the parent and school district or intermediate unit of residence agree to it. Pennsylvania Statutes Annotated Section 13-1327(d).

Rhode Island

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

South Carolina

According to the office of the General Counsel of the Department of Education, the state treats students with disabilities in home schools in the same manner as parentally placed students with disabilities in private schools.

South Dakota

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

Tennessee

A home school in Tennessee is a non-public school, not a private school, so the state is not obligated to provide IDEA funds to home school students with disabilities.

Texas

Homeschools operate as private schools, therefore they are eligible to receive special services.

Utah

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

Vermont

Each home study enrollment notice must include "independent professional evidence" that the child is not handicapped. If the child is handicapped, the enrollment notice must include any special services or adaptations to be made to accommodate any handicapping condition.

Virginia

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

Note that individual county school districts may offer services to homeschool students on a first-come, first-served basis if funds are available. Families should contact their local school district. Two counties that have offered these services are York County Schools and Newport News City Schools.

Washington

Homeschooled students who are also part-time students in the public school are eligible for "ancillary services." RCW 28A.150.350

West Virginia

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

Wisconsin

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

Wyoming

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

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