SRO upholds reimbursement award to parent of home schooled student

SRO 09-033: District failed to offer a placement. Soon after the school year began, Parent notified the District(NYC) that she intended to home school her child. She then cobbled together a program that included 1:1 services from Lindamood-Bell among other things. IHO awarded reimbursement to parent despite the failure to provide notice of intent to seek reimbursement. SRO affirmed emphasizing that Parent’s ongoing efforts to work with the District significantly factored into his decision.

District Court vacates SRO home schooling decision

This morning, Judge Hurd in the Northern District of New York vacated SRO decision 08-005, the second of two SRO cases in which Paul Kelly deemed that there was no authority under state or federal law for school districts to provide special education services to home schooled kids. Although Education Law §3602-c has been amended to now expressly afford home schoolers a limited right to special education services, this Court decision is still of importance to those families who were impacted by Kelly’s decisions.
B.C. v. Colton-Pierrepont, 7:08-cv-00362, N.D.N.Y. 11/21/08.

Note that this decision was vacated by the 2nd Circuit on December 21, 2009. The Court found that the matter was moot.

New York State Home Schooling Update: IMPORTANT

State Ed. issued this advisory today.

Pursuant to Chapter 217 of the Laws of 2008, which was signed into law
by the Governor on July 8, 2008, students with disabilities who are in
home instruction programs pursuant to section 100.10 of the Regulations
of the Commissioner of Education are eligible to receive special
education services from their public school districts.

School districts should notify all parents of students with disabilities
who are in home instruction programs pursuant to section 100.10 of the
Regulations of the Commissioner of Education that, if the parent is
seeking special education services to be provided to their child by the
public school district, the parent must submit a written request for
such services to the school district where they reside by August 7 of
this year (which is 30 days after this new law takes effect).

Further guidance on Chapter 217 will be issued next week.

NYS restores the provision of special education services to home schooled kids

Until recently, New York State had for many years provided special education services to home schooled children. In January of 2008, State Ed. issued a directive ordering school districts to terminate special education services to home schooled children. State Ed. relied upon the State Review Office decision in Appeal number 07-043, a decision which is presently being appealed by the Law Offices of H. Jeffrey Marcus, P.C., and Joyce Berkowitz, Esq. In June, the Assembly and the Senate agreed upon language to restore services and sent a bill to the governor. On Monday July 7, 2008, Governor Paterson signed the bill and it is effective immediately. The full text of the bill can be found here.