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(5.51) My child is a special education student but must be educated at home for a while due to health issues related to her disability. The district says it will provide one hour of home instruction per day and no related services. Can the district do this?

(5.51) My child is a special education student but must be educated at home for a while due to health issues related to her disability. The district says it will provide one hour of home instruction per day and no related services. Can the district do this?

No.  All special education students are entitled to an appropriate program.  That is, an individualized program of specialized instruction and related services designed to meet a student’s unique needs and which results in educational benefit.  [Board of Education v. Rowley, 102 S. Ct. 3034 (U.S. 1982).] 

If your child is receiving home instruction and related services through the IEP process, the school district cannot set an arbitrary limit on the amount of home instruction and services to be provided.  The IEP team must base its decision-making on individualized assessment of your child’s placement and related services needs.

An arbitrary limit of deciding between one or two hours per day of home instruction without individualized assessment of the placement and related services is not designed to your child’s unique needs. Therefore, any home instruction program, including the need for related services, must be individually developed at an IEP team meeting.  [See Chapter 4, Information on IEP Process.]