Students with Special Educational Needs

70. May the parents of a student with special educational needs choose to provide home instruction for the student?

Yes. Commissioner's Regulation 100.10 can be applied to any student of compulsory attendance age without regard to a possible or identified handicapping condition.

71. Is the district required to provide services to a student who has been identified by the Committee on Special Education?

The district is required to make appropriate services available to any identified student in accordance with the approved Individualized Education Plan (IEP)

72. Are there any restrictions on the availability of services to be provided by the district?

The district has the obligation to offer all the services contained in the student's IEP.

73. Is the district required to provide transportation in order for the student to receive services?

Transportation must be offered to the extent necessary to enable the student to benefit from the instruction. The need for special transportation must be addressed in the student's IEP.

74. Where are the services delivered?

Generally, services would be delivered at the public school. However, the district and the parents may agree to have services delivered at an off-site as well (i.e. library, youth center, etc.)

75. May services be delivered at the student's home?

There is no prohibition against providing the services in the student's home. If the district and parent agree that this is the most convenient and appropriate location, services may be provided to the student in the home.

76. When are the services delivered?

The parent and district officials should discuss arrangements so that a block of time can be arranged for services which minimizes disruption.

77. May a parent elect to have the student receive some but not all of the services specified U the IEP?

Yes. Given the nature of home instruction, a parent may assume the responsibility for providing some of the needed services and may choose to have any other(s) specified in the IEP provided by the district.

78. Does a parent have the right to refuse the delivery of any services by the public school district?

Yes. If the parent refuses services for a student known to have a handicapping condition, the parent should address the needs of the child in the IHIP.

79. To what extent must the IHIP include the services specified in the IEP?

The IHIP should include the equivalent services listed in the IEP. As home instruction is, by its very nature, individualized and flexible, parents may provide for the needs of their children in different ways than those contained in the IEP.

80. Must the Committee on Special Education review and/or approve the IHIP for a student with special educational needs?

No. The superintendent of schools of the district is responsible for determining whether an IHIP is in compliance with the regulation and 'nay call upon other persons to assist in the review. However, the superintendent has the responsibility to review and notify the parents whether the IHIP complies with the regulation.

81. Is a parent required to submit an IEP along with an IHIP?

No. A parent is not expected or required to construct or submit an IEP.

82. How should the achievement of a student with special educational needs who is instructed at home be measured?

Alternative evaluation measures provided in the student's IEP may be used. If the student does not have an IEP, one of the two alternatives provided in the regulation, a standardized test or a narrative evaluation, must be used.

83. Is the district responsible for providing a reasonable amount of instructional materials for home instruction?

A school district may provide textbooks and other materials to students instructed at home but it is not obligated to do so. However, if a student with a handicapping condition receives special education in accordance with an approved IEP, the district must provide the student with any specialized instructional materials necessary to enable the child to benefit from special education.

84. How does the district claim aid for providing services to a student with special educational needs who is instructed at home?

The district may claim aid for providing any of the services described in the IEP by filing for excess cost aid on State aid forms.

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