Question Thanks very much for the reply. To be clearer, if I homeschool because of a lack of progress and I send a letter of denial of fape and then a year later want to send my son back, the IEP process restarts? Is it the same if I go to due process within 2 years? Thanks
Ps I'm not being careless. My son isn't learning despite my Herculean efforts and the thought of hiring a lawyer now money wise time wise agony wise it is overwhelming. But someone needs to teach my son. Private schools are not nearby and even if there was a good one i cannot do the 60-90 minute bus. So it's his awful current school or me.
If you homeschool working through a charter homeschool, they have to continue your son's IEP for the first 30 days, and then hold their own transition IEP to make modifications. When you transfer back into public school, they have to follow his existing IEP for 30 days, then call for a transition IEP. But through this process he still has an IEP. You should be able to find charter home schools serving your area online.
If you take your son out of school and homeschool him on your own, he will not receive IEP services. When he goes back to public schools he will have to qualify again through testing for an IEP.
If you are going to file for Due Process then you must keep him in the school district he is in. If you transfer him to a charter homeschool that will be from a different district which relieves your district of any responsibility. If you withdraw him to homeschool him yourself, he is legally considered to no longer be enrolled in his home district. If you do either of these actions, you can NOT file for Due Process against your district.
It is very difficult to prove in Due Process that your son is not making educational progress because the law sets the bar very low: It says he has to make SOME educational progress. The courts have ruled that almost any progress meets the requirement of this law. I would encourage you to have an experienced advocate or lawyer review your son's case and represent you to the district in the IEP. Filing for Due Process is like dropping an A-bomb.
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.
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.