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HomeLearning DifficultiesFamily Support

Home's cool, but what if your child has an LD?

Whether you're homeschooling or considering it, check here to see if your child still has special education rights.

By Valle Dwight

Mimi Enriquez was an experienced homeschooling parent when she noticed that her third child, then age 6, was not learning as easily as her older kids. Her daughter had a speech delay and was struggling with reading. Through a homeschooling seminar, Enriquez found out that she could have the local public school test her daughter for a learning disability.

After the evaluations were done, the school district told Enriquez that her daughter was eligible for extra services. But after Enriquez explained that she did not intend to enroll her daughter in school, the administration seemed uncertain about how to proceed.

“The administration of the school was not very knowledgeable about how to service homeschoolers,” she says.

What Enriquez discovered is that where homeschooling and special education meet, there can be confusion, tension, and lots of unanswered questions. An estimated 1.5 million families in the United States homeschool their kids, and, of those, 4% say they are homeschooling because of special needs, according to the National Center for Education Statistics.

Part of the confusion stems from the fact that legal rights for homeschoolers vary from state to state, according to Darren Jones, an attorney with the Home School Legal Defense Association.

The first part of the special education process is straightforward: Every child, no matter what state he or she lives in, has the right to be evaluated for special education. But once the testing in completed, all consistency goes out the window. The level of services schools provide to homeschoolers varies from state to state, and sometimes from town to town. In 12 states homeschooling is considered the same as private schooling, and students have access to services at public schools, Jones says. But the other states have different rules.

“If it’s a half-hour a week of reading help, most schools will provide that,” Jones says. But if your child needs extensive physical therapy, for instance, parents might meet resistance.

Valle Dwight is a reporter, writer, and mother of two school-aged boys. She has written for many magazines, including FamilyFun, Wondertime, and Working Mother.

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