Special Education/NY

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Question
I live in Ny state.  I know that a homeschooled child can receive special ed services, it's actually legally required. My question is, I haven't started K yet. If my IEP designates 2 hours a day language instruction 1:1 with a spec ed teacher but NOT as a related service, just a separate designation, can I ask for this service at home? I just don't get how that works. The fact that my son really still needs 1:1 is why I want to homeschool, at least in the early grades. He is just not ready for K, I know this. Factor in all his delays AND the fact that he'd be the youngest as well. He's not unteachable. He's pretty good in certain skills. Language wise, receptively and expressively he's functioning like a 2.5-3 year old so I feel he can't possibly make the connections he needs to in K.  I don't like the idea of an aide because they tend not to be trained well.

Answer
ML,

The law says that school districts must supply special education services to students needing them and live within the district's boundaries. Home schooled children qualify so long as they are not enrolled in another school district. If you participate in an online school that is chartered under the auspices of a different district, then you are no longer in your home district and any services must be provided by the district you are enrolled in for the online home school.

If you remain in your district, then they must hold an Individual Service Plan (ISP) meeting and offer your child services. You have to provide transportation and deliver your child at the time specified to the location specified by the district. Typically, these services do not include as many sessions as do the school based IEP defined services. School districts can limit services for all children on ISP's if the amount of money spent becomes too high. It all depends on how many children in the district are accessing these services.

I am concerned that language services are being supplied by a special education teacher and not a speech therapist. This is why the services are not listed in the Services Section of the IEP. The teachers do not have the extensive training that is required of the therapists. You have a right to demand that these services by performed by a speech therapist and be included in the service section of your child's IEP. Language services involve learning English, not overcoming speech and language deficits. They are for students for which English is their second language. The district had to perform an assessment by a speech therapist to determine the services needed by your son.

Depending on his age, you may be able to hold him back a year from attending K and place him on an ISP for speech & language services.

I wish you and your son the best,
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@gmail.com
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com

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Tim Runner

Expertise

Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.

Experience

I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.

Education/Credentials
I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.

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