Special Education Provisions in the 50 States and Territories

AL · AK · AZ · AR · CA · CO · CT · DC · DE · FL · GA · GU · HI · IA · ID · IL · IN · KS · KY · LA
MA · MD · ME · MI · MN · MO · MS · MT · NC · ND · NE · NH · NJ · NM · NV · NY · OH · OK
OR · PA · RI · SC · SD · TN · TX · UT · VT · VA · WA · WV · WI · WY

Most states have no additional requirements for homeschooling special education students than homeschooling other students. The parental rights to homeschool are the same under the compulsory attendance laws in all the states except Iowa, North Dakota, Pennsylvania, and Vermont. The additional requirements for special education homeschooled students in those four states are listed below.

In regards to special education services from the public schools, about 90% of special education funding comes from the state-not the federal government. Although the federal government will not allow their IDEA money to go to homeschoolers in "home school law states", the states can distribute their 90% any way they want. Below the "home school law" states are indicated that provide services for special education homeschoolers.

If a state is a "private school law state", homeschoolers are eligible from services funded by both the federal IDEA program and the state.

Note: HSLDA believes that with receiving government funds, certain freedom and privacy is lost. Each homeschooler should weigh the cost with the benefit they would receive. In order to enable families to not feel obligated that they must take government support for their special education student, HSLDA has established a private fund through the Home School Foundation that makes support available.

Alabama

Most parents in Alabama teach their children at home under the auspices of a church school, pursuant to Section 16-28-1(2) et seq of the Alabama Code. Church schools are not considered private schools. Since only public and private schools are eligible to receive IDEA funds for special education services, the government is not obligated to provide special education services for students enrolled in a church school program.

Alaska

Alaska has a private school provision contained in Alaska Statutes Sections 14.45.100 - 14.45.130. Families operating their home education program under the private school statute should be eligible to receive IDEA funds for special education services.

Arizona

Special services are available at the election of the school district.

Arkansas

Section 6-15-507 of the Arkansas Code states that children identified under IDEA as having disabilities are eligible for services to the same extent as private school students.

California

Homeschoolers are classified as private schools and are entitled to the federal funds specifically earmarked for private school students. This funding is minimal and how those funds are spent is entirely at the discretion of the school district.

Colorado

Has a private school provision. If homeschoolers are operating under private schools, they are eligible to receive special services.

Connecticut

According to the Connecticut State Board of Education, a student receiving home instruction is not enrolled in a private school so is not eligible for special education or related services.

Delaware

Homeschools are classified as "nonpublic schools" according to Delaware Code Annotated Title 14 Section 2703. Since only public and private schools are eligible to receive IDEA funds for special education services, public schools are not obligated to provide services for Delaware homeschool students with special education needs. Some multi-family homeschool groups have successfully filed under the private school law in order to be eligible for IDEA services at the public schools.

District of Columbia

There are no additional requirements for homeschool students with special needs. In addition, though homeschooling is considered "private instruction," we have never heard of homeschoolers receiving funding.

Florida

Has a private school provision. If homeschoolers are operating under private schools, they are eligible to receive special services.

Georgia

For the purposes of IDEA, students enrolled in home study programs shall be deemed to be private school students and shall be provided with the same special education and related services as students in private schools. (Code 1981, Section 20-2-159, enacted by Ga. L. 2002, p. 798, Section 1.) 20-2-159 Georgia Code Annotated

Guam

There are no additional requirements for homeschool students with special needs. In addition, there is no policy which allows homeschool students to obtain special education funding.

Hawaii

Special services are available at the election of the school district.

Idaho

A student may dual enroll and enter into any program in the public school available to other students subject to the compliance with the same rules and requirements. If enrollment for a specific program reaches the maximum priority for enrollment shall be given to a student enrolled in a public noncharter school. Idaho Code § 33-203

Illinois

Homeschool students are classified as private school students for the purposes of IDEA funding for special education services

Indiana

Homeschools operate as a private school, therefore they are entitled to special services.

Iowa

Parents may homeschool a child who has been identified as having special needs only if they have approval from the special education director of the Area Education Agency. Iowa Code § 299A.9; Iowa Admin. Code § 281-31.9. Children may dual enroll in the public school and receive special education services. Iowa Code § 299A.8; Iowa Admin. Code § 281-31.5.

Kansas

Under the private school option, entitled to special services.

Kentucky

Private school state, entitled to special services.

Louisiana

Under the private school option, entitled to special services.

Maine

Homeschoolers are placed into the same category as private school students for the purposes of special education funding. There is no need to enroll in a private school in order to attempt to obtain or be eligible to receive special education services.

05-071 Department of Education, Chapter 101, Maine Special Education Rules (www.maine.gov)

4.7 Responsibility for Students with Disabilities Enrolled by Their Parents in Private Schools or Receiving Home-Schooling

A. Child Find Responsibilities For Private School/Home Schooled Students—Each school administrative unit must locate, identify and evaluate all private school students, including religiously-affiliated school students, and home schooled students who have disabilities residing in the jurisdiction of the unit in accordance with § 4.2, Resident Students.