Homeschool can be advantageous for students with disabilities and their families. In Oregon, homeschool laws outlined in ORS 339.035 and OAR 581-021-0029 support customized instruction and highly individualized teaching plans. Under the IDEA (Individuals with Disabilities Education Act of 2004), school districts are obligated to identify students in their boundaries who qualify for special education services, including those enrolled in homeschool. Oregon requires districts to offer, and document to the parent: (1) the opportunity to receive special education services if enrolled within the district, and (2) the opportunity for an Individualized Education Program (IEP) team to consider providing special education and related services to students with disabilities in conjunction with homeschool.
What are the testing requirements for my student with disabilities?
Testing is the same for all homeschool students and is required before August 15 following benchmark grades 3, 5, 8, and 10. If a student’s IEP or Privately Developed Plan (PDP) indicates that standardized testing is not an appropriate measure of satisfactory educational progress, the IEP or PDP must indicate alternative assessments to be given at the same intervals (3, 5, 8, and 10).
My student does not test well; can I opt out of testing?
While opting out is not allowed for homeschool students, if your student has an IEP or PDP, it may include testing accommodations or other appropriate measures of “satisfactory educational progress.” Satisfactory educational progress means forward movement toward the goals in your student’s IEP or PDP, whether those are academic, developmental, or both.
What is a Privately Developed Plan?
It is an individual plan developed by a team including the parent and one or more private service providers to address the educational needs of a student with a disability. A PDP must include individual educational goals for the student and a statement indicating how satisfactory educational progress will be determined [OAR 581-021-0029(1)(d)].
Who qualifies as a service provider, and how do I find one?
A service provider is a professional who understands students with disabilities, can evaluate and help set goals for the student, and provide assessments at the benchmark grades. The following list of provider titles is not exhaustive and includes, but is not limited to, physicians, developmental-behavioral pediatricians, behavior consultants, counselors, or therapists. The provider must be a neutral third party unrelated to the student or family by blood or marriage.
What is a 504 plan?
A plan developed to ensure a student with a disability receives accommodations that ensure their academic success in a classroom or other learning environment. Examples of accommodations include extra time on tests, break periods, or preferential seating.
What is the difference between an IEP and a 504 plan?
While there is overlap, both plans exist to meet the needs of students with physical, medical, and/or cognitive conditions that directly impact their education. The IEP allows for specialized instructional supports and accommodations, while a 504 plan allows for supports and accommodations for students who do not require specialized instruction. To qualify for an IEP the student must have a specific disability covered by the IDEA Act of 2004, Sec. 300.8 and to qualify for a 504 plan the student must have a physical or mental impairment that substantially limits one or more major life activities under Section 504 of the Rehabilitation Act.
How do I receive services listed in my student’s IEP while they are homeschooled?
When a student is homeschooled, the public school district is not required to provide an IEP. The district is required to “stand ready to provide a free appropriate public education” if the student enrolls or re-enrolls in public school [OAR 581-021-0029(2)(c)]. Contact your local school district for guidance.