The information on these pages is provided for informational purposes only. It is not to be construed as legal advice or counsel.
IDEA and You
Federal law governs how special education services are provided to students enrolled in their local public schools.
Specifically, the Individuals with Disabilities Education Act (IDEA) explicitly sets out how public schools must identify, assess and provide a Free and Appropriate Public Education (FAPE) for children identified as having special learning needs.
When you look for information on special education services, you want to make sure it references IDEA 2004. Congress reauthorizes the law periodically and the 2004 changes are still in effect. IDEA 1997 fact sheets will not provide you with current regulations and procedures.
The Basics
Homeschoolers are not explicitly identified in IDEA. However, public schools are required to provide Child Find services
to all students, including homeschoolers. If you suspect your child has a learning disability, you may request your local public school to conduct an evaluation of your child's abilities.
Once you put your request in writing, the school must meet with you and conduct testing with your child within sixty (60) days. Parents will be required to provide the school with work samples and other information to help school officials conduct a comprehensive evaluation of your child's current ability and achievement.
Special education services may or may not be offered to a homeschool child, should that child be identified as qualifying with special needs. IDEA mandates set aside funds that each school district must use for non-public school students. If a state does not legally define homeschoolers as non-public school students, then the state is not legally required to provide special education services to homeschool families.
