Special Education Services for Homeschoolers

An IEP/EIP/IESP is a legal document that outlines a student’s needs as well as the goals and services required to support them. A school district is legally required to meet all of the services outlined in this document at no cost to the family whether a child attends a school in the district or is homeschooled.

All homeschoolers must be provided with equitable services and supports as provided for the district’s publicly schooled students.

• IEP- Individualised Education Program (used age 3- 21 in public schools)

• EIP- Early Intervention Program (used between ages 0-3 years)

• IESP- Individualized Education Services Program (used age 3- 21 for private schoolers or homeschoolers) 

According to the Individuals with Disabilities Education Act (IDEA), qualifying diagnoses for an IEP/EIP/IESP include:

• Autism
• Deafness
• Developmental Delay
• Emotional Disturbance
• Hearing Impairment
• Intellectual Disability
• Multiple Disabilities
• Orthopedic impairment
• Other Health Impairment- Not otherwise specified (such as NF, asthma, diabetes, or ADHD)
• Speech or Language Impairment
• Traumatic Brain Injury
• Visual Impairment

All services and evaluations are provided by the school district at no cost to the family. 

Homeschoolers are entitled to receive the same level of services that are offered to children in public school settings under FAPE- Free Appropriate Public Education and guaranteed by the Individuals with Disabilities Education Act (IDEA).

Some private schools may accommodate IEP/EIP/IESPs using public school resources for light services, however, this is not a requirement.

The district’s board of education determines the location where special education services will be available to home-schooled students, which could include the site of the home school, a public library, or a school building. 

If a public school cannot provide the services or resources required to accommodate your child’s educational needs related to their disability, they are legally required to pay for an outside service to do so.

• Examples of services a school may provide on an IEP/EIP/IESP:
  • Accommodations and modifications: in and outside of the classroom
    • Ex. posted schedules, preferential seating, frequent breaks, modified resources (spacing, font, amount), repeating directions, simplifying directions, assistive technology (computer, speech recognition software, braille materials, screen readers, etc.) 
  • Aides: an extra support person for academic, behavioral or physical needs.
    • Ex. teacher’s aid in the classroom, 1:1 aide assigned to the student full- or part-time. 
  • Classroom setting: various size and adult supports
    • Example classroom settings
      • Consult Teaching- a general education classroom where a special education teacher offers direct or indirect support to the student through assisting during classroom time or modifying materials outside of classroom time
      • Co-Teaching- a general education classroom where a special education teacher and general education teacher work together to plan and teach the class, with both teachers present for the duration of class
      • 12:1:1- a separate (self-contained) classroom setting where 12 special education students are taught by 1 special education teacher and 1 aide. 
      • 6:1:1- a separate (self-contained) classroom setting where 6 special education students are taught by 1 special education teacher and 1 aide. 
  • Counseling: for social, emotional, or behavioral support
    • Ex. peer lunch groups, 1:1 sessions, developing behavioral intervention strategies, executive functioning support 
  • Participation in special programs:
    • ex. therapeutic recreation programs, etc. 
  • Remedial education:
    • Ex. resource teacher focusing on reading, writing, mathematics, or executive functioning skills 
  • School health services:
    • Ex. school nurse services for administering medications or toileting
  • Testing Accommodations: assistance with tests and assessments
    • Ex. extended time, test read, directions read, directions repeated, language simplified, tests presented with bigger spacing/font, testing in a separate location, etc. 
  • Therapy: Speech, occupational, physical, executive functioning,and therapeutic recreation therapy
    • Ex. one on one, group, within the classroom, 
    • Homeschoolers may have this provided in the home, at a separate location such as a public library, or at their local school district’s buildings (may be subject to vaccination records)
  • Transition planning: beginning at age 14
    • Prompts conversations between educators, parents, and students to decide what supports are appropriate for the student when they complete their time in school. 
  • Transportation: To get to and from school, services, or special classes within 50 miles
    • Ex. Door to door transportation, 1:1 aide, smaller bus or vehicle, etc. 
    • districts must offer this to homeschoolers when services are provided outside of the home

Homeschoolers must be in compliance with the NYS Regulations to maintain an IEP/EIP/IESP.

To get an IEP/EIP/IESP for your child, they can have an official qualifying diagnosis already, or show the need for services in the evaluations provided by the school.

• Steps to get an IEP/EIP/IESP:
  • Email your local school district’s special education department and notify them that you would like an initial evaluation done for your child.
    • Include the date
    • Include your child’s name, age, grade, and school placement
    • Outline the concerns you have about your child’s behavior, development, social, and/or academic performance. 
  • The school should respond with a form that asks for your consent to evaluate your child. Once you sign and return this, the district must evaluate and hold a CSE meeting within 60 days. 
  • You may be asked to fill out forms and bring your child for a variety of evaluations including:
    • Social History Report
    • Psychological Evaluation
    • Academic Assessment
    • Speech-Language Evaluation
    • Occupational Therapy Evaluation
    • Submittal of Physical from doctor
    • Classroom Teacher Report (for homeschoolers, this can be completed by a familiar therapist, Sunday School teacher, co-op teacher, etc.) 
    • Behavior Intervention Plan
    • Functional Behavior Assessment

Once the testing and forms are complete, the data will guide whether a child qualifies for an IEP/EIP/IESP, and what services will best support them. This will be decided together at the CSE meeting. 

Schools provide data for testing, but they do not generally diagnose your child. You can seek an official diagnosis through your doctor, Strong, RGH, or another private provider.

A CSE is a Committee on Special Education. It is a meeting to determine if your child qualifies for an IEP/EIP/IESP, discuss their progress, and decide what services are appropriate to support them. 

You may call for additional CSE meetings any time you believe your child’s IEP/EIP/IESP is not being followed, changes are necessary, or any reason you feel necessary. 

Annual CSE meetings, initiated by the district, happen once a year to maintain the IEP and adjust as necessary. 

Re-evaluation CSE meetings, initiated by the district, happen every three years to discuss new testing and whether the child continues to qualify for an IEP/EIP/IESP. 

• The following people should be at a CSE (invited by the school):
  • School/ District Administrator (leads the CSE)
  • General Education Teacher
  • Special Education Teacher
  • Additional Service Providers 
  • Parent/Guardian
• The following people may be at a CSE (invited by you):
  • Student
  • Advocate for the family (legal, educational, etc.) 
  • Outside Service Providers
  • Any person you want to invite to support you 

If you do not agree with the results of the evaluation or CSE meeting, you may request a second opinion at the school district’s expense. You may also request it go to mediation.

You may request an Initial Evaluation at any time of the year. 

Homeschoolers must submit a written request to the Board of Education of your district by June 1st for your child to continue receiving services for the following school year. 

If it is decided that a child qualifies for an IEP/EIP/IESP after June 1st and before April 1st, the parent must submit a written request for services within 30 days of the student qualifying.

If you move into a new school district, a request for services may be submitted within 30 days of the district change.

School Districts have the legal obligation to help students with academic needs that are evident through their diagnosis or discrepancies in their evaluation scores. If your child has additional needs beyond what the school district must legally provide for, you may seek private services that may be covered by your insurance, or you may pay out-of-pocket.

If you are looking for advice on where to find these services you can consult with your pediatrician. Other options for guidance are the Family Navigators at Autism Up who are a plethora of information for families with or without autism diagnoses.

Occasionally, a district may deny an eligible student an IEP/EIP/IESP. If a student meets qualifications and is denied an IEP/EIP/IESP, you may ask for a reevaluation at the expense of the school district. You may hire an advocate or legal advisor to join you and speak to the needs of your child and the responsibility the school has to them due to the results of their evaluations or academic needs as required by their diagnosis.

If your child has an IEP/EIP/IESP and the school district is not providing the services and resources outlined in the document, they must pay for a private service to do so. If this does not happen, you are entitled to call a CSE meeting to discuss the issue. You may hire an advocate or legal advisor to join you and enforce the responsibilities of the district.