Federal and State Regulations for Home Instruction: What Parents Need to Know

As a parent of a child with special needs, you want to ensure that your child is receiving the best education possible. If you have decided to provide home instruction to your child, it is important to understand the federal and state regulations that govern this type of instruction. Here is a breakdown of the relevant code sections and definitions:

Federal Regulations:

• Instruction conducted in the home is included in the federal regulations under 34 CFR § 300.39 Special education (a)(i) as: Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings.

• 34 CFR § 300.115 Continuum of alternative placements (b)(1) includes Instruction Conducted in the Home as: Include the alternative placements listed in the definition of special education under 34 CFR § 300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions).

Pennsylvania State Regulations:

• Pennsylvania special education regulations under Title 22 PA Code Chapter 14, specifically § 14.102 Purposes, adopts by reference those federal regulations that refer to Instruction Conducted in the Home.

• These federal regulations include: 34 CFR § 300.39 (relating to special education), 34 CFR § 300.113 and § 300.114(a)(2) (relating to routine checking of hearing aids and external components of surgically implanted medical devices; and LRE requirements), and 34 CFR §§ 300.115—300.117 (relating to continuum of alternative placements; placements; and nonacademic settings).

What do these regulations mean for parents who choose to provide home instruction for their child with special needs? Essentially, they provide a framework for ensuring that your child receives a free and appropriate public education (FAPE) in the least restrictive environment (LRE) possible.

Some key takeaways from these regulations include:

• Instruction conducted in the home is considered an alternative placement and should be included in your child's Individualized Education Program (IEP).

• Home instruction should be designed to meet your child's unique needs and should be provided by a qualified instructor.

• Your child's progress should be regularly monitored and evaluated to ensure that their needs are being met.

• If home instruction is not working for your child, the IEP team may need to consider other alternative placements, such as special classes or schools.

Florida State Regulations:

• Florida's special education regulations, specifically Rule 6A-6.0301, Florida Administrative Code, outline the requirements for the provision of special education services, including home instruction.

• Rule 6A-6.0301(1)(e) states that home education services must be made available to eligible students with disabilities who are placed on homebound or hospital homebound status.

• The rule also states that home education services must be consistent with the student's Individual Educational Plan (IEP), and that the student's progress must be monitored and evaluated in the same way as students in traditional school settings.

Additionally, Florida law provides for homeschooling under Section 1002.41 of the Florida Statutes, which allows parents to establish a home education program for their child. However, it's important to note that homeschooling under this law is not the same as home instruction for children with special needs, which is governed by the special education regulations outlined above.

In summary, Florida's special education regulations require that home instruction be made available to eligible students with disabilities who are placed on homebound or hospital homebound status. Home education services must be consistent with the student's IEP, and the student's progress must be monitored and evaluated. It's important for parents to work with their child's IEP team to ensure that they are meeting these requirements and providing the best education possible for their child with special needs.

Instruction conducted in the home vs. homebound instruction

Instruction conducted in the home and homebound instruction are related, but they are not the same thing. Here's a breakdown of the differences between the two:

Instruction Conducted in the Home:

Instruction conducted in the home is a type of alternative placement for children with special needs who require special education services. It is included in federal and state special education regulations as a viable option for providing special education services to children with disabilities. Parents may choose to provide instruction in the home as part of their child's IEP, or the IEP team may recommend it as an appropriate placement.

Homebound Instruction:

Homebound instruction, on the other hand, is a type of service provided to students who are unable to attend school due to a medical condition or disability. This service is designed to provide the student with the education they would receive in the classroom, but in their home or another location. Homebound instruction is not part of the special education regulations, but rather falls under the general education system.

While instruction conducted in the home and homebound instruction share some similarities, such as the fact that they are both provided in the home, there are some key differences. The main difference is that homebound instruction is designed to provide a student with general education instruction while they are unable to attend school, while instruction conducted in the home is designed to provide special education services to children with disabilities.

It's important to note that not all students who receive homebound instruction are eligible for special education services, and not all students who receive instruction conducted in the home are considered homebound. The decision about which type of service is appropriate for a particular student will depend on their individual needs and circumstances, and will be made by the student's IEP team or school district.

Understanding the federal and state regulations for instruction conducted in the home is an important step in providing the best education possible for your child with special needs. By working with your child's IEP team and ensuring that you are meeting these regulations, you can help your child thrive and succeed in their education.

EducationLawyers.com

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