Homeschools and private schools in Puerto Rico are both considered to be “non-governmental schools”, thus, homeschool students in Puerto Rico have the same access to special education services as other private school students. However, this access is not as robust as that of public school students.

While public school students have an individual right to services, homeschoolers only have the right to fair treatment in the distribution of limited services, financed by such federal money as is available at the time. This may or may not allow a family to obtain the type of services, or obtain services for the length of time, that they would like.

The Puerto Rico Department of Education has made statements that imply that a homeschool student who has been identified as requiring special education services must accept such services from the public school. But federal law is very clear that homeschool students have the right to reject such services.

Attached is a key document which may provide helpful details for those who wish to pursue the issue further.