If you are homeschooling a child with special needs, you need to follow your state’s homeschool regulations, along with the additional requirements below.
About 90% of funding for public school special education programs comes from the state—not the federal government. Although the federal government will not allow its Individuals with Disabilities Education Act (IDEA) money to go to homeschoolers in “homeschool law states,” the states can distribute their 90% in any way they choose. If your state has enacted laws that provide services to “homeschool” students, these provisions are summarized below.
If the child's basic composite scores on a standardized test fall 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 homeschooling 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.
Note: As you decide what kind of special needs services and therapy best meet your child’s needs, we want you to know that HSLDA Compassion Curriculum Grants are available to help with diagnostic services, therapy, curriculum, or other educational materials.
Please note: The information on this page has been reviewed by an attorney, but it should not be taken as legal advice specific to your individual situation.