Special Education/504


A friends son has been diagnosed with chiari malformation and needs to be out of school due to surgery for 8-12 weeks. He attends a catholic school- she went to the home district and requested home instruction for this time. They informed her that he must be taken out of the catholic school and enrolled in public and that the home bound instructor would only teach what they were doing at the district not taking from material from catholic school ( different reading series etc... The catholic school would supply everything needed) I believe that he should be dual enrolled and receive a 504 plan since this medical issue can take up to three years to be considered "better" ... If he had a 504 plan he would still  be entitled to a home bound instructor and wouldn't they then have to follow his present course of study?
Thank you


I had to do some research on this one. Since the child is not currently on a 504 Plan or an IEP, you first have to get him qualified for one or the other. This will require assessments by the school district (usually takes 60 days). You should write the district's Director of Special Education enclosing a letter from the doctor telling about what is going to be done and the potential time for recovery. In this letter request the assessment of this student for special education. Have the doctor explain that the student will require home/hospital teaching while recovering. More than likely, they will choose to evaluate the student for a 504 Plan.

Once the evaluation is completed, they will call for a meeting to formally qualify the student and to set up services. Keep in mind home/hospital will teach one hour for every week-long class the student takes. The curriculum will be determined by the district and will likely use the materials they teach in their schools. Note: they could get in trouble teaching religious class material.

The student will have to enroll in the school district before they have to do anything. The student should be able to continue enrollment in both the district and the Catholic school. If the district insists, you can take a leave of absence for medical reasons from the school he is now attending.

I wish everyone the best,
Tim Runner
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Tim Runner


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.


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.

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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