Back-to-school season is upon us, but this year is unlike any other. Due to concerns about health, safety, and the effectiveness of remote, hybrid, and socially distanced learning, many more parents are considering homeschooling. Before you make that decision, here are five things you should know about homeschool and special education law in Massachusetts:
1. Homeschooling is not:
a. choosing the remote-only learning option proposed by your district; or
b. home tutoring provided by the district due to a medical condition.
2. You must submit your homeschool plan to the school district and have it approved before you unenroll from the public school system. If you don’t, you may be reported for violating compulsory attendance rules.
3. Your child has the right to an IEP and special education services while being homeschooled (just like eligible students in private schools)…
4.…but your IEP and services likely will not be identical to the one you had in public school. This is because different laws and regulations apply to IEPs and services provided to private school / homeschool students vs. public school students. Public school students’ rights are arguably more robust:
a. Eligible public school students have the right to an IEP that provides a free and appropriate public education (FAPE), meaning an IEP that is:
“specifically tailored to an individual student’s unique learning needs and designed to provide a meaningful educational benefit to the student” and “must be geared to producing demonstrable improvement in the educational and personal skills identified as special needs.”
b. Eligible private/homeschooled students have the right to an IEP, but there is no explicit guarantee in the law that these students receive what we typically think of as a FAPE, or that the services on the IEP will be exactly the same. Instead, they have the right to an IEP that provides only:
“a genuine opportunity to participate in the public school special education program” that is “comparable in in quality, scope, and opportunity for participation to that provided to public school children with needs of equal importance.”
5. If you re-enroll your child in public school after having a homeschool IEP, the student will return to the higher IEP standard. However, you may not have “stay put” rights to the last public school IEP. The amount and type of services your child received while homeschooled and the progress he or she made might be relevant to the determination of what your child needs after re-enrolling.
If you plan to as a “unilateral placement” due to the district’s inability to meet your child’s special education needs, there are specific procedures which you should follow, and it is advisable to consult with an attorney well prior to removing your child from public school.
Finally, please keep in mind that Massachusetts law on the special education rights of private school and homeschooled students differs significantly from federal law. Education law vary by state, and we highly recommend consulting with an experienced education attorney before making changes to your child’s educational plan. If you live in Massachusetts, you can contact the attorneys at Wong & Boscarine.