Code:  IGBAL

Revised/Readopted:  2/26/18

Adopted:  3/14/05

Orig. Code(s): IGBAL

 

If the district receives notice that a parent intends to home school a student with a disability, the district shall offer an opportunity for an individualized education program (IEP) meeting to consider providing special education and related services in conjunction with home schooling and provide written notice to the parent that a free appropriate public education will be provided if the student enrolls in the district.  This notice shall be provided annually as long as:

1.   The student remains eligible for special education; and

2.   The student is exempt from compulsory education as a home-schooled student;
      and

3.   The student is not receiving special education and related services from the
      district.

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Legal Reference(s):
ORS 339.020

ORS 339.030
ORS 339.035
ORS 343.165

OAR 581-015-2080
OAR 581-015-2130 to 2190
OAR 581-015-2210
OAR 581-015-2310
OAR 581-015-2315
OAR 581-021-0026 to -0029

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1427 (2006).

Code:  IGBAL-AR

Readopted:  2/2/20, 3/7/06

Adopted:  4/1/00

 

1. Home Schooling for Students with Disabilities.

a.  When the district is informed that a resident student with disabilities is home schooled, the
     district provides written notice to the parent that it stands ready to provide a free appropriate
     public education if the student enrolls in the district.

          b.  The district offers and documents to the parent an individualized education program (IEP)
                meeting to consider providing special education and related services to the student with a
                disability in conjunction with home schooling.

          c.  The district provides an annual written notice that it stands ready to provide a free appropriate
               public education if the student enrolls in the district as long as:

(1)  The student remains eligible for special education;

(2)  The student is exempt from compulsory education as a home-schooled student; and

(3)  The student is not receiving special education and related services from the district.

          d.  An IEP will only be developed for a student with a disability if the IEP team determines that a
               free appropriate public education can be provided in conjunction with home schooling. 
               Services may be provided in the home only to the extent that special education or related
               services would be provided in the home if the student was not home schooled.

          e.  The student’s IEP team will be convened and an IEP developed, consistent with the
               requirements for IEP team meetings, IEP team membership and IEP content, with the
               following exceptions:

(1) The student’s parent shall be treated as both parent and regular education teacher
      of the student unless the parent designates another individual as the regular education
      teacher;

(2) Under “extent of non-participation in regular education” the IEP shall state that the
     student is exempt from compulsory school attendance and regular education is provided
     through home schooling; and

(3) The IEP will state how “satisfactory educational progress” will be determined for the
      student.  A parent may use a privately developed plan (PDP) to determine satisfactory
      progress.  If so, the IEP indicates that satisfactory progress will be determined by the
      PDP team, at parent request.  If the student may enroll in a regular education class,
      pursuant to the district’s policy for students who are home schooled, the IEP team
      includes a regular education teacher.

          f.   The district ensures that:

(1) Students with disabilities who are home schooled are reevaluated at least every three
      years unless waived by mutual agreement of the parent and the district, and not more
      than once a year unless the parent and district agree otherwise;

(2) If the team determines a specific evaluation is necessary to continue eligibility or to
     determine appropriate special education and related services for the student’s IEP, and
     the parent refuses consent for such evaluation, or refuses to make the student
     available, the district will document to the parent that the district stands ready to conduct
     the evaluation when the parent gives consent or makes the student available;

(3) If the district does not have sufficient evaluation information to determine eligibility or to
      develop an IEP, the district is not required to complete these activities.  The district will
      provide prior written notice if the district terminates eligibility or services under these
      circumstances.

2.  Testing and Reporting Requirements

a.  If a student with a disability is receiving IEP services from the district and the IEP includes a
     provision for IEP team assessment of satisfactory educational progress, the district:

(1) Completes the assessment; and

(2)  Provides the parent with a copy of the results, including a summary statement indicating
      whether the student has made satisfactory educational progress in light of the student’s
      age and disability.

b.  If a student with a disability is receiving IEP services in a core area of instruction, the district
     includes the student in statewide assessments, unless an exemption is requested by the
     parent/guardian.

3.  Child Find

          a.   If the district suspects that a home-schooled student has a disability, the district:

(1) Obtains parent consent for initial evaluation; and

(2) Conducts an initial evaluation and determines the student’s eligibility to receive special
     education and related services.

          b.  If the student is eligible, the district notifies the parent and offers an opportunity for an IEP
               meeting to consider initiation of special education and related services to the student with
              a disability.

          c.  If the parent refuses consent, does not respond or refuses to make the student available,
               the district documents to the parent that the district stands ready to conduct the evaluation
               when the parent gives consent or makes the student available.

4.  School Enrollment

a.  If the district permits partial enrollment of home-schooled students in its regular education
     program, the district will permit students with disabilities to participate to the same extent as
     non-disabled students, if appropriate, whether or not the student is receiving IEP services
     from the district.

b.  A student who is exempt from compulsory school attendance as a home-schooled student
     with a disability will continue to be considered an exempt home-schooled student by the
     district even though:

(1) the student receives special education and related services from the district, unless
      these services are the equivalent of full-time enrollment in the district; or

(2)  or the district permits partial enrollment of home-schooled students and, pursuant to that
      policy, the student attends one or more regular education classes unless enrollment is
      the equivalent of full-time enrollment in the district.