Additional Requirement for Special Education Students:
If your child has been identified as needing special education services, the objectives for the home education program must be approved by a special education teacher. The approved objectives must be submitted with the affidavit or unsworn declaration.
“Any student who has been identified … as needing special education services, excluding those students identified as gifted and/or talented, shall be in compliance with the requirements of compulsory attendance by participating in a home education program… when the program addresses the specific needs of the exceptional student and is approved by a teacher with a valid certificate from the Commonwealth to teach special education or a licensed clinical or certified school psychologist, and written notification of such approval is submitted with the notarized affidavit…”
“The supervisor of a home education program may request that the school district or intermediate unit of residence provide services that address the specific needs of the exceptional student in the home education program. When the provision of services is agreed to by both the supervisor and the school district or intermediate unit, all services shall be provided in the public schools or in a private school licensed to provide such programs and services.”
Note that the PDE says that if the person doing the approval is “a teacher with a valid certificate from the Commonwealth to teach special education”, they do not have to have an active certification. The PDE states that, “The law does not stipulate that the certification must be active, but only that it exists. This is similar to the regulation for evaluators of home education programs and private tutors – neither of which are required to be current in Act 48 credits (professional development).”
Is there an alternative?
An alternative to going through the approval process is to revoke the IEP. This would not be a good choice if you want special ed services from the district, either now or in the future. For example, if at some point in the future your child returned to public school, it would be good to have the label already in place, so that there is no delay in starting accomodations. Having the label may also help your evaluator have realistic expectations for your child’s progress. In addition, a label might provide access to accomodations for standardized testing, in college classes, or in other settings. However, removing the label may be worth pursuing if you do not want services now and are sure you will not want them in the future.
Can my child get services from the district?
If you desire special education services, you may ask the school district to provide service(s) as a part of the home education program. If you ask for services, then you and the school district may come to an agreement as to what services will be provided and where. The school district is not obligated to provide special education services if you do not enroll your child part-time, however. Any services which are agreed to may be provided in a public school or private school which is licensed to provide such programs and services; these services will not be provided in your home. (24 P.S. 13-1327(d)).”
Students with Disabilities
There are additional requirements for homeschooling students who have been identified as handicapped per the federal Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1401 et seq.). These are found in the Exceptional Students section.
Exceptional Students
For any child in a home education program who is identified by the provisions of the Education of the Handicapped Act as needing special education services (excluding those identified as gifted and/or talented), the program must address the specific needs of the exceptional student and be approved by a teacher with a valid certificate from the Commonwealth to teach special education or a licensed clinical or certified school psychologist. This written notification of approval must be submitted with the notarized affidavit or unsworn declaration. A parent has the option of negating an IEP.
Additional Requirement for Special Education Students
For any child identified by the provisions of the Education of the Handicapped Act as needing special education services (excluding those identified as gifted and/or talented), the program must address the specific needs of the exceptional student and be approved by a teacher with a valid certificate from the Commonwealth to teach special education or a licensed clinical or certified school psychologist. This written notification of approval must be submitted with the notarized affidavit or unsworn declaration (24 P.S. § 13-1327(d)). For further information, see the Exceptional Students section of this guide.
According to 24 P.S. § 13-1327(d), a homeschooled that child is identified by the provisions of the Education of the Handicapped Act as needing special education services (excluding those identified as gifted and/or talented), has additional requirements for their program.
This law has been amended and renamed since 1975. Please reference the federal Individuals with Disabilities Education Act (IDEA), Public Law 91-230, 20 U.S.C. § 1401 et seq.
The Affidavit
When the affidavit is submitted for an exceptional student, it must be accompanied by a written notification of approval that the specific support needs of the exceptional student are addressed by the program. See 24 P.S. § 13-1327(d).
The parent has a choice of who will assure that the educational program addresses the needs of their child, and may be any of the following:
- A teacher with a valid certificate from the Commonwealth to teach special education
- A licensed clinical psychologist
- A certified school psychologist
The law does not stipulate that the certification must be active, but only that it exists. This is similar to the regulation for evaluators of home education programs and private tutors, neither of which are required to be current in Act 48 professional development credits (24 P.S. § 12-1205.1(e)).
The supervisor of the home education program has the right to choose anyone to provide the approval letter that must accompany the affidavit, as long as that individual meets the vocational criteria.
School district support
If you believe your child is disabled and in need of special education services, but has not been evaluated, the school district in which you reside is required to evaluate the child, without charge, when you make such a request in writing. The district must explain the results of the evaluation to you. If the district does not provide this service when requested to do so, the supervisor may contact the special education hotline at 1-800-879-2301.
If you desire special education support services, the provision of services must be agreed to by both the supervisor and the school district or intermediate unit. All services shall be provided in the public schools or in a private school licensed to provide such programs and services; these services will not be provided in your home (24 P.S. § 13-1327(d)).
School districts and intermediate units are not required to provide support, but may at their discretion.
Terminating an IEP
If a parent terminates the Individualized Education Program (IEP) of their homeschooled child, the requirement for pre-approval of the educational plan no longer applies and the school district will not provide services.
An IEP is terminated by the parent submitting a written statement revoking consent. If this is requested, the child no longer will be identified as a child with a disability under the IDEA and opting out of the designation closes the door to other state and federal assistance programs. If the school district is providing support for this child, they must issue a Notice of Recommended Educational Placement / Prior Written Notice (NOREP/PWN) to the parents.
Parents do not need special skills
A parent has no legal requirement for any particular skill or certification to homeschool a child with special needs. The only limitation is that their objectives must address the specific needs of the child and be approved (24 P.S. § 13-1327(d)).
General IEP information
General information on IEPs is available on the IEPs and 504 Service Agreements webpage.
Helpful Special Needs Organizations
Homeschool Legal Defense Association (HSLDA)
Homeschooling a special needs child is an individual decision, of course, but if you decide to homeschool such a child, HSLDA is here to help you be the best special education teacher you can be. Our finding is, that with the literature, teaching aids, and other resources now available, that any parent who desires to help their child learn can find that help, and eventually do a much better job with that child than any school could do.
SPED Homeschool
SPED Homeschool connects families with quality information and resources so they are equipped to successfully homeschool a child with special educational needs. Learn how our 150+ years of special education homeschooling experience can help you. Check out our website at www.spedhomeschool.com where you can tap into our weekly live training broadcast schedule, our podcast and video libraries, as well as an ever-growing list of vetted organizations who are ready to work alongside you in ensuring your homeschooling success.
Cerebral Palsy Guide
Cerebral Palsy Guide is a national support organization dedicated to educating individuals and families about cerebral palsy. We strive to provide answers and guidance to ensure that families receive the assistance that they need to help improve their overall quality of life.
https://www.cerebralpalsyguide.com/
NATHHAN (National Challenged Homeschoolers Associated Network)
Equipping parents to raise their children with special needs or disabilities confidently.