Homeschool World Forum

[happycaringmom]

My daughter is in an inclusion 1st grade class. She has an I.E.P. The school district is passing her on to the 2nd grade starting in the fall. I told them I don't want her passed up because I knew she wasn't ready but they said they can't hold her back due to her age. I told them if they can't hold her bach than I'll homeschool her in the fall. They said I may not have a right to. I contacted Christian Law Associates. And they gave me the N.Y. homeschool laws that say a school district doesn't have a right to say I can't homeshool.They did however say that the I.E.P. committee can stop it. Does anyone have any suggestions on what to do? She gets speech therapy and Occupational therapy, along with special classes in math and reading. I know it will be rough to homeschool her but it's something I want to do for the best of my daughter. I gave her a homeschool placement test about a month ago and she came out at a Kindergarten grade level. Definetly not ready to go to 2nd.

[Theodore]

The following looks like it says otherwise:
http://www.deafhomeschool.com/essentials/statelaw/ny.html
http://www.emsc.nysed.gov/nonpub/homeinstruction.html

"A district must offer a home-instructed student with disabilities the special education services, as recommended on the Individualized Education Program (IEP) by the Committee on Special Education."

http://www.piccnys.com/p-qa.htm

"Is it legal for me to home school my child with special education needs? 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."

The purpose of the IEP is to determine what your daughter needs, but it sure looks like the IEP committee has no power over whether you can homeschool or not. They're supposed to help you, not dictate to you.

http://www.vesid.nysed.gov/specialed/publications/policy/iep/home.html

"The process of providing a free appropriate public education to a student with a disability requires that each student have an individualized education program (IEP). The IEP is the document that identifies a student with a disability’s uniqueneeds. It sets forth the recommendations for the supports, services, programs and accommodations necessary to address those unique needs and to support that student’s participation and progress in the general curriculum (or, for preschool students, to support the student’s participation in age appropriate activities)."
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[momo3boys]

I live in MA, but the regulations are very similar. My son was going to be passed on to 2nd, and was barely in first grade reading and math. He now recieves special services from 1-2 at the school everyday. They were very accomidating, and he receives, OT, speech, and sped. He also goes to Gym once a week. These are all things you should be able to do. We homeschool int he AM, have lunch and them go to school. I hope this helps.
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Phi 4:13 I can do all things through Christ which strengtheneth me.

[happycaringmom]

Thank you for the wonderful information. It sounds to me like no one has the say but me whether or not to homeschool my daughter. If I understand correctly. Thank you. How do I apply her I.E.P. to the curriculium that I'm going to use? Do I have to apply it to the curriculium bieng that I plan on holding her back to what the homeschool tests graded her at which was kindergarden? Does the school board have a say as to what grade I put her back to? Again thank you for the very useful information. I'm sorry about all the questions but I'm brand new to this and September isn't all that far away which is when the kids go back to school. So I need a lot of helpful answers. Thank you

[momo3boys]

Look at her IEP and check ou the goals, section. Figure out ways to help her reach those goals. That is what an IEP is for. Homeschooling is flexible and my son ( started on second grade level about mid year. I saw that he was ready and we moved on. As a parent you can do that. It sounds like you are going to have to cater the learning to wherever she is at the moment. She may be Kindergarten reading level, but 1st grade math, and able to comprhend some 2nd grade stuff as well. Just be patient and observant and you'll figure out what to teach. You don't really need a grade level unless you plan on putting her back in next year. so don't be so worried about what grade she is in, just teach her where she is at and you'll do fine.
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Phi 4:13 I can do all things through Christ which strengtheneth me.

[patandsoxfan]

I know this is an older thread, however I am curious on how your situation has turned out for you and your daughter.
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~*Carol*~