Home-Schooled Students with Disabilities and
The Reauthorized Individuals with Disabilities Education Act (IDEA)

TO: Jeffery P. Zaring, State Board Administrator
FROM: Kevin C. McDowell, General Counsel
RE: Home-Schooled Students with Disabilities and The Reauthorized Individuals with Disabilities Education Act (IDEA)
DATE: April 6, 1998

You requested clarification whether students with disabilities who are home-schooled would be considered "children in private schools" for the purpose of being provided genuine opportunities for participation in publicly funded programs under IDEA, specifically 20 U.S.C. §1412(a)(10). The U.S. Department of Education has never been able to address this issue directly because IDEA has never defined "private school" for application of IDEA. This is true also of the reauthorized IDEA. As a consequence, USDOE advises that what constitutes a "private school" will be a matter of State law, which means the definition may shift from State to State. Please see the following attachments:

1 . Appeal of the New Mexico State Department of Education, 24 IDELR 301, 305 (OSERS
1995). "...OSEP has advised that the determination of whether a particular home
education arrangement constitutes the enrollment of a child with a disability in a private
school or facility must be based on State law."

2. Letter to Williams, 18 IDELR 742, 744 (OSEP 1992). "[IDEA]...does not define the
term 'private school or facility.' Consequently, the determination of whether a particular
home education arrangement constitutes the enrollment of a child with a disability in a
private school or facility must be based on State law. If under the law of your State,
home education constitutes enrollment in a private school or facility, then the requirements
of [IDEA] would apply."

3. Letter to Wierda, EHLR 213:148 (OSEP 1988).

Indiana does not create any distinguishing characteristics for nonpublic schools beyond certain, fact-specific categories (such as participation in ISTEP+). A parent has to ensure the parent's child attends public school "unless the child is being provided with instruction equivalent to that given in the public schools." I.C. 20-8.1-3-34. A parent can meet the "equivalency" standard through any number of measures, including enrollment in an accredited nonpublic school or through enrollment in a nonaccredited nonpublic school, such as a home school. Because Indiana has not sought to define a "home school" as a type of school excluded from the concept of "private school" or "nonpublic school," a home school is a "private school" or a "nonpublic school" in this State. As such, a student with disabilities enrolled in a home school would have the same genuine opportunities for participation in IDEA funded programs as a student with disabilities enrolled in an accredited nonpublic school.

I am hopeful this addresses your question. Because this affects other areas within the Indiana Department of Education, I am providing copies of this memorandum and its attachments to those listed below. Please advise should you require anything additional.

Attachments

cc. Robert Marra, Director, Division of Special Education
Gaylon Nettles, State Attendance Officer
Lora Miller, Home School Liaison, Student Services
File

Kevin C- McDowell, General Counsel
Indiana Department of Education
Room 229 State House
Indianapolis, Indiana 46204-2798
317-232-6676 FAX: 317-232-0744