An Open Letter To NY State Officials

February 25, 2008

TO: NY Elected Officials, NY Board of Regents, NY State Education Department and all concerned NY Citizens:

I am writing today as a home schooling parent/teacher of a child with disabilities. My child has an IEP (Individualized Education Plan) and is currently receiving services through our school district's Special Education Department.

In recent weeks it's become alarmingly clear that the NY Board of Regents and the State Education Department have made a decision to discontinue Special Education services to home schooled children, the same services which NY had been providing for the past 15 - 17 years.

During the time this decision was made, the parents of home schooled children with disabilities were never contacted or informed of this decision making process, nor were they offered or allowed an opportunity to voice their views, concerns and/or protests.

In closing the door to services for disabled children who are home schooled, NY is doing a great disservice to those disabled children. This clearly is discriminatory.

Based on data from 2006*, approximately 630 home schooled children statewide have been identified as students with disabilities, and of that number, 450 are, or had been, receiving services from their school districts. (*As outlined in Deputy Commissioner of VESID/State Education Department Rebecca H. Cort’s memo dated January 3, 2008 to the VESID Committee, Subject: Provision of Special Education Services to Students with Disabilities who are Home Schooled.)

At the same time I am a home schooling parent/teacher, I am also a School Tax paying home owner. As a responsible citizen, I pay my school taxes promptly each year. I have not begrudged the fact that I pay school taxes - while at the same time I also pay for my daughter's curriculum, classroom supplies, private lessons, books, science equipment, etc. I have felt that my school tax dollars have more than off-set the expense to my school district for the services my daughter receives.

However, if the State of New York has chosen to implement a law that now discriminates against my daughter, and all other home schooled children with disabilities, by removing access to Special Education services - that does not set well with me, as a parent of a disabled child, as a tax payer and as a citizen of our great state.

The fact that this decision is only impacting approximately 450 children, there is not an acceptable excuse that such a minor number of children should suffer because of this newly implemented language of the law. This is an injustice to these children and they are being penalized because they are home schooled, which in many cases is the best learning environment for these particular children.

It is apparent that NY was revising language of the law to reflect the 2004 changes to formerly ambiguous language within IDEA regarding determination as to whether or not home schooled children would fit the qualification for funding under IDEA.

Taking a moment to think in terms dollars and cents, the districts are truly not losing any great funding source - as the percentage of cost covered by the Federal Government via IDEA is relatively minor in terms of the entire cost for services.

In a letter dated January 2008, written by James P. DeLorenzo of the NY Education Department, Subject: "Provision of Special Education Services to Students with Disabilities who are Instructed at Home by Their Parents," it appears that the mailing of this letter was to have included “Parents, Individuals and Organizations Interested in the Education of Students with Disabilities." As such a parent, I can assure you that I never received a copy of Mr. DeLorenzo’s letter.

To quote from Mr. DeLorenzo's letter, "This memorandum is to inform you of a ruling relating to the provision of special education services to students with disabilities in New York State (NYS) who are instructed at home by their parents (home schooled). The Individual with Disabilities Education Act (IDEA) requires that home schooled students receive special education services to the same extent that other parentally placed private school students receive services only if the home schools are recognized under State law as private elementary or secondary schools. As discussed in the June 2007 State Review Officer's (SRO) decision (Application of a Child with a Disability, No. 07-0443), home schools are not recognized in NYS as private elementary or secondary schools pursuant to section 3602-c of the Education Law. As a result, it was determined that the provision of individualized education program (IEP) services by a public school district to students with disabilities who are home schooled students educated pursuant to section 100.10 of the Regulation of the Commissioner of Education is not authorized under IDEA or NYS law."

Therein lies one of the problems: Mr. DeLorenzo’s statement that “the provision of individualized education program services by a public school district to students with disabilities who are home schooled students educated pursuant to section 100.10 of the Regulation of the Commissioner of Education is not authorized under IDEA or NYS law” is incorrectly implying that NY public schools are prohibited from providing special education services to home schooled children.

This is clearly a misinterpretation as neither Federal nor NY law prohibits schools from providing special education services to home schooled students.

Referring again to Rebecca H. Cort's letter (as noted above) Ms. Cort stated: "Therefore, absent State law authorizing provision of special education services to this" (home schooled) "population, use of federal and State funds for this purpose would not be allowable." That again is yet another misinterpretation; implying schools are prohibited by State law from providing services to home schooled children.

Why is our great State discriminating against this small home schooled population of students with disabilities? It is our responsibility to raise our children to be contributing members of society. Without the help of these support services, the long-term cost will be far greater than any short-term savings the state may enjoy by this callous elimination of critical services.

I refuse to believe that the State of NY is unable to come up with the necessary funding, regardless of what is written in IDEA regarding Federal funding or misinterpreted NY education law, to continue services for these precious children. If NY is able to come up with funds to save race tracks - why aren’t disabled children, regardless of where they are schooled, even more important?

Home schooling has grown by leaps and bounds across our great land. Home schooled children are shown to score higher on standardized testing, colleges are now courting home schooled graduates, and for many disabled children - home schooling is often the best environment for them to blossom and progress, not only educationally but also emotionally, physically and socially. In reality, the parents of home schooled students with disabilities are in actuality saving the state money by the very act of home schooling their child.

New York State must immediately amend this misguided interpretation and decision that is impacting our state’s home schooled students with disabilities. I am asking for your help in correcting this untenable situation and look forward to your timely response.

Sincerely,
Pam