Posted on 04/02/2008 7:11:05 AM PDT by Tired of Taxes
Home-schooled children in New York who receive special-education services through their school district will have to get their own therapy or go to school full time.
The state Education Department notified school districts in January that they cannot provide the services.
In a memo to superintendents, the state says the federal Individual with Disabilities Education Act requires students who are home-schooled to receive the same special-education services as those enrolled in private schools, if the state designates home schools as private schools. But New York State does not recognize home schools as private schools.
The change came as the result of a decision by a state review officer in a case brought last year.
"It's a problem we had seen cropping up across the country," said T.J. Schmidt, a staff attorney with the Home School Legal Defense Association, a nonprofit organization providing legal services to home-school parents. "The federal government basically leaves it up to the states to determine who is a nonpublic student."
He said many parents in New York have received letters from school districts telling them that the services will be terminated.
"Often these children are in most need of additional services because their parents may not be able to provide these services themselves, or they're going to have a difficult time getting these services outside school," Schmidt said.
The decision affects a relatively small number of students. There are about 450 children statewide receiving the services from their school districts, the state estimates.
In the Kenmore-Town of Tonawanda School District, the district is setting up appointments with the parents of four children, said Michael B. Haggerty, a spokesman for the district. Most of them receive occupational or physical therapy, he said. The district will go over the individualized education program for the pupil to see if any changes in services are warranted.
"The choice is, they enroll their student in public school or private school. If not, they're kind of on their own for the level of services their child needs," Haggerty said. "This is something the state decided, and whether we want to or not, we have to comply with the regulations."
While I personally think you should keep home and school as far apart as possible, some homeschoolers see the government school as the only source for certain activities like band or sports. Since they live in the district and are paying the taxes, they think it’s reasonable that they participate.
I wouldn’t care as much about homeschoolers being forbidden from participating in sports, but special needs therapies are another matter. The government requires that special needs children be offered services. It has chosen to offer them through the schools as that is most convenient for most children. However, the notion that these are services the schools offer their students, is incorrect. The schools are merely the delivery service for federally mandated services.
As far as other activities, if I send my child to a private shcool which doesn't have a band, how did I get the right to send them to public school band practice. Isn't the extracurricular activity for children who attend that school?
From the NYS regulations manual regarding special needs....
” If a need is found, an Individualized Education Plan (IEP) will them be drawn up by the Committee (not yourself). This IEP will show goals for his education and a plan as to how they are to be reached. It may include physical therapy, occupational therapy, speech and language therapy, special education, etc. These are called related services. Every public school district is obligated to offer related services to any student in accordance with the approves IEP for the student. You may choose which of these services the district will provide. You may also refuse all of them. Your district will pay for transportation to and from the facility where the services are given, if you request it.”
>>I would then withhold all school taxes until such services were restored.<<
Ah! Have we another convert?!
http://billstclair.com/lodge/Books101.shtml
Not only do homeschoolers in NY pay school taxes (like everyone else), but they’re also heavily regulated by the state. They’re required to report to their school districts, submit records, take tests, and so on.
If the public schools are going to deny them special services now, they at least should let them homeschool in peace without interfering. In my state, for example, there are no regulations. Even though we pay hefty school taxes, we don’t argue for public school services because we don’t want to invite the public schools to intrude on homeschooling. But, in NY, the public schools already intrude. IMHO, that’s the crux of the issue.
I agree with the rest.
>>So while you are correct, HE is not defining it, he is defending it.<<
No, I am not.
I would like to see all “non-educational” services attached to public schools eliminated - and taxes adjusted accordingly.
I would then like to see public schools eliminated - and taxes adjusted accordingly. Public education is an obsolete paradigm. It had its day and it’s function. It is no longer necessary.
Excellent point.
>>I guess you think they should consider their school taxes as a “voluntary” contribution ?<<
There is no such thing as a “voluntary tax”. Well, except lotto tickets - but I strain dictionary definitions even to say that...
Why?
It may be reasonable to deny the services to all children.
And it might be “legal” to deny the services to some children but not others, based on whether those children do other things you force them to do (like in this case, attend public school).
But why is it reasonable to you that a parent be required to use ALL of the public school services, in order to avail themselves of a FEW of those services?
What is the benefit to the state of forcing the parents to send their kids full-time to school, as a condition of getting the special service the public provides?
I can think of no reason why it is better for society or the parents to force them to send their kids to public school. It obviously benefits the NEA because they can insist on hiring more teachers, and it benefits the people employed by the government because they can get more money because enrollment is higher.
But it drives up the cost to the taxpayers, it inconveniences and in some ways HARMS the children the state is supposedly wanting to help, and will NOT save money except in that some rare cases parents will hate the public schools so much they will be willing to forgo necessary treatment for their children.
It is time that those who take responsibility for educating their own children, rather home schooled or private schooled get a dollar for dollar rebate on their taxes.
But, as I pointed out, the NY homeschoolers are required to REPORT to the public schools. According to HSLDA, they even must follow requirements on what to teach.
The parents of that kid down the street who attends Catholic school aren’t required to submit forms and report to the superintendent of the public school system. If they were, the public schools should offer services to that kid, too.
The public schools want to have it both ways: They want to require homeschool parents to submit to the public schools but then deny them services. At the very least, if the public schools want to deny services to homeschoolers, they should stop intruding in homeschooling.
The federal government does not require that all children be offered the chance to participate in bands. Some government schools open their doors to homeschoolers, some states say that homeschoolers may use certain facilities. I don’t care about bands, sports, or high school plays.
On the other hand, the government has made laws that all children who have disabilities be offered and provided with appropriate services and therapies. They have taken it on themselves to provide this and so, in many places, killed any private market. Until age 3, the child recieves services through one agency (I forget the name) and after 3 I believe goes through the government schools (again, there may be a transition organization between the two).
This is not a case of homeschoolers demanding special treatment, or something they are not otherwise entitled to. The federal government makes the rules, they are just trying to live with them.
Thanx.
The problem is the game itself. Food stamps are another government service with it's own set of rules. The main similarity is that just because you pay taxes and are a citizen, it does not mean that you get to collect them.
But the problem is the whole system itself. What everyone here is lamenting is they are paying for a socialist system and not getting benefits to which they think they are entitled. They are asking for “fairness”. But fairness is one of the most subjective word in the english language. The Bible itself does not really even address the concept, other than to tell judges to be fair. Is it fair to “forgive your enemies”? Is it fair to, when a man slaps your cheek, you turn the other to him as well?
Folks, snap out of it! You are starting to sound like Jews in the Warsaw Ghetto that think their food rations should be slightly higher than those of the Jew next to them for some reason.
The REAL problem is that it is 1940 and you (we) are ALL Jews in LODZ. Cut the root and the tree will die. Quit complaining about the thickness of the branch on which you sit.
true.
OK, the school district receives funds for services for every special ed student who is enrolled in their school. If the student is not enrolled, they don’t get the funds. Now, this could go two ways, the state could provide the funds that would be passed on to homeschoolers, allowing the state and/or local school district a say in the home schooling, or the school district could refuse to fund special services and give up all control of the home school education.
Accepting public funds has a price. When my daughter was in kindergarten in New Jersey, we lived in a very rural school district which refused all state and federal money, so that they wouldn’t have to give up autonomy. My daughter had fifteen children in her kindergarten class and those that were already reading were pulled out and sent to the reading specialist for reading, instead of wasting time on learning the alphabet. -—and yes, they had both morning and afternoon classes with fifteen kids each.
>>I would like to see all “non-educational” services attached to public schools eliminated - and taxes adjusted accordingly<<
I agree and apologize if I miss read you.
(sometimes my mind needs a data dump I think!)
This is a new change to districts up here in Maine. If one area of education needs to be vouchered it is certainly special ed.
Rob, I think you’re missing something. Most of the homeschoolers here would like to see the whole system dismantled. We’re on your side on that issue. For example, I don’t think there should be a public school system. I’d like to see all education sold on the free market.
But, I don’t think the system will be dismantled anytime soon, if ever. In the meantime, we have to fight every battle. And the crux of this one isn’t just taxes paid-in but the regulations.
The vast majority of homeschoolers in my state want nothing to do with the public school system. Then again, we aren’t required to report to our public school system. In NY, homeschoolers are heavily regulated by the state. They must submit reports, take tests, file forms, etc., to the public school district. If they must abide by public school requirements, the public schools should provide some services.
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