When it comes to the education of children with disabilities, the laws governing the required services are vast and complex. Regardless, it is critical for public schools and parents to understand their rights and responsibilities when it comes to providing or obtaining an education for disabled children.
One of the most important laws governing the rights of disabled children is the Free and Appropriate Public Education (FAPE) mandate. This means that public schools are obligated to provide appropriate educational services for disabled children in accordance with their individualized educational program (IEP). However, it also means that if the public school is not able to provide an appropriate FAPE, parents can obtain a private placement, including homeschooling, which the public school is required to pay for.
In this article, we will discuss FAPE homeschool law and will answer the question of how much do schools have to pay parents if they have been denied FAPE homeschooling.
What is FAPE Homeschool?
FAPE homeschool is the concept that a school district is legally liable to pay for a parent’s choice to homeschool their disabled child. This may include the costs of educational materials, supplies, and specialists, if necessary.
It also includes compensatory education or tuition reimbursement for schooling the child has received, as well as compensatory funds from the school district. FAPE homeschooling is based on the concept of “Least Restrictive Environment” (LRE). The Individuals with Disabilities Education Act (IDEA) states that disabled children “must have access to unrestricted placement options, with some exceptions.
” Therefore, a parent should have the right to choose the most appropriate school setting for their disabled child. This could include a public school, private school, home-based program, or homeschooling. The LRE mandate requires that the school district or state ensure that the educational options are offered in the least restrictive environment.
What Options Do Parents Have if They Are Denied FAPE Homeschool?
When a school denies FAPE homeschool and the parent disagrees, there are two main options. The first option is to pursue a due process hearing.
This is a legal procedure in which a parent and the school district submit their case in front of an administrative law judge in order to see who is in the right. The second option is to file a complaint with the U. S.
Department of Education’s Office of Civil Rights (OCR). This is a formal complaint process that can result in an investigation, a resolution to the situation, or further legal action.
How Does FAPE Homeschool Differ From a Traditional Homeschool Program?
FAPE homeschooling is different from a traditional homeschool program due to a few key factors. First, it often requires additional costs and services, such as specialized equipment and instruction, which are not typically included in a traditional homeschool program. Second, FAPE homeschooling often requires that the home-based curriculum be tailored to the child’s individual needs and meet the child’s IEP goals.
Third, FAPE homeschooling must also be monitored and evaluated for progress and effectiveness, which is typically not required of traditional homeschool programs.
What is the Purpose of FAPE Homeschool?
The purpose of FAPE homeschool is to provide access to an appropriate education for disabled children when public schools cannot. As noted, the basic principle of FAPE is that children with disabilities should be provided with an appropriate education in the least restrictive environment.
Therefore, when the public school cannot provide this education, FAPE homeschool provides an option to parents where they can provide an appropriate education to their disabled child in a more home-like setting.
What Are the Benefits of FAPE Homeschool?
The benefits of FAPE homeschool are numerous. For example, FAPE homeschool can provide a more personalized learning environment than a traditional school.
It can also offer more flexibility when it comes to scheduling, allowing the parent to work around their own and their child’s work and school commitments. It can also provide more opportunities for creativity and hands-on learning, as parents often use different methods, such as manipulatives or music, to help their child learn. Additionally, FAPE homeschool can provide a quieter and less distracting environment for some children than a traditional school.
Are There Disadvantages to FAPE Homeschool?
FAPE homeschool does come with some disadvantages. For example, parents may struggle with providing the specialized equipment and instruction that an IEP may require, or they may not have the skills or resources to provide an appropriate educational program for their child.
Additionally, parents may not be able to work or provide the support and accountability that their child needs while at home, which can lead to gaps in learning and slow progress in areas such as socialization and behavior.
Who Qualifies for FAPE Homeschool?
FAPE homeschool is available to any disabled child who is eligible for special education services. The parents of children with eligible disabilities may choose to pursue FAPE homeschool if they can meet the FAPE requirements. These requirements include:
The parent must demonstrate that the IEP goals cannot be met at the public school.
The parent must have obtained appropriate services for the child in accordance with the IEP.
The parent must provide documentation that the child is making progress in their education. The parent must demonstrate that the home-based program will allow the child to make appropriate progress.
How Much Does FAPE Homeschool Cost?
The cost of FAPE homeschool can vary depending on the services provided in the IEP. Typically, the cost for FAPE homeschool will include the cost of educational materials, supplies, and special instruction, as well as the cost of tuition. Additionally, the school district may be required to pay for compensatory education or tuition reimbursement, depending on the situation.
What is a Tuition Reimbursement?
A tuition reimbursement is a payment that a school district pays to a parent when they have been denied FAPE homeschooling. This is generally intended to cover the cost of educational services received by the child prior to being awarded FAPE homeschooling. It can also cover the cost of educational materials, supplies, and specialists.
What is Compensatory Education?
Compensatory education is an award that the school district may be required to provide to the parent when the school district has been found to have denied FAPE homeschooling. The award of compensatory education is intended to compensate the parent for the educational services their child should have received if they had been properly provided FAPE homeschooling.
The amount of compensatory education provided is determined by an educational consultant or hearing officer.
How Much Do Schools Have to Pay Parents If They Have Been Denied FAPE Homeschool?
The amount of money schools have to pay parents depends on a variety of factors. For example, if the school district has been found to have denied FAPE homeschooling and the parent has been awarded tuition reimbursement, the school district is required to pay the amount of tuition that the parent actually paid. If the school district has been found to have denied FAPE homeschooling and the parent has been awarded compensatory education, then the school district is required to pay the amount of compensatory education that is awarded.
Conclusion
FAPE homeschool is an important option for parents of disabled children when the public school is unable to meet the requirements of their IEP. The amount of money schools have to pay parents if they have been denied FAPE homeschooling varies depending on the particular situation, but could include tuition reimbursement, compensatory education, and the cost of educational material and specialists.
It is important for parents to understand their rights under the law, and to take the necessary steps to ensure their child receives the proper educational services.