Homeschooling and Special Needs Children
By Christopher J. Klicka, Senior Counsel for the Home School Legal Defense Association
Teaching a child with special needs is a privilege—but it is also hard. It requires much sacrifice, patience, and unconditional love on the part of the parents.
We cannot forget to consider what the child with special needs experiences. Living with a handicap such as blindness, cerebral palsy, a speech impediment, autism, retardation, a disease, or one of many types of learning disabilities is difficult. It is a daily struggle emotionally, mentally, and many times physically. The child's self esteem is constantly challenged. Some handicaps or learning disabilities can be overcome with consistent and focused effort. Other handicaps can only be managed and may never go away.
Living with multiple sclerosis helps me appreciate the struggles of a physically handicapped person. Every day it is hard for me simply to walk, put my socks on, or stay in 80 degree weather for any length of time. The emotional drain is intense. The need to think and plan for logistics to achieve normal movement is a heavy burden. The quality of life from a human perspective is diminished. Hiking in the woods or camping is too hard, going to the beach is incapacitating, and participating in most sports that I love is out of the question.
Personal attention and love from my family is more important to me than ever before. For a child with special needs, this extra support and reassurance is essential. Home schooling your special needs child makes that intense, loving support possible.
We have seven children including a set of twins who were supposed to have died in the womb. Yet God answered our desperate prayers in a miraculous way. Amy, whose head was caved in, spine twisted, and was not receiving adequate nutrients, completely recovered in the womb and was born alive at 2 lbs., 13 ounces. Although Amy was miraculously delivered, she is mentally much slower than her twin sister, Charity. At six years old, Amy is not ready to read like her sister and requires much more time, attention, and love. Sending her to an institutional school would devastate her fragile self-confidence. Teachers juggling the demands of a busy classroom could not possibly give her the one-on-one attention and love she needs.
In light of these experiences, I am convinced that home schooling children with special needs is the most effective way to teach them and provides the ideal environment in which they will learn and thrive.
Parents Excel in Teaching Their Special Needs Children
Objective studies have demonstrated that many parents are providing a superior form of education for their special needs children by teaching them at home.
For example, in one of the most thorough studies performed thus far, a team of researchers led by Dr. Steven Duvall conducted a year-long investigation involving eight elementary and two junior high students with learning disabilities. He compared one group of five students who received instruction at home with a group of five students who attended public schools. He was careful to match the public school students to the home school students according to grade level, sex, I.Q., and area of disability. Using a laptop computer, Duvall sat in on teaching sessions and took an observation every 20 seconds, creating tens of thousands of data points that were then fed into a statistical analysis package. His research usually included a second observer who double-checked Duvall's readings.
Duvall recorded and analyzed the time students were academically engaged during instructional periods. He also administered standardized achievement tests to measure gains in reading, math, and written language. His results showed that the home schooled special needs students were academically engaged about two and one-half times as often as public school special needs students! He found the children in the public school special education classrooms spent 74.9% of their time with no academic responses, while the home school children only spent 40.7% of their time with no academic responses. He also found that home schools have children and teachers sitting side-by-side or face-to-face 43% of the time, while public education classrooms had such an arrangement for special needs children only 6% of the time. This was a tremendous advantage for the home schooled students.
His study further found that the home schooled students averaged six months' gain in reading compared to only a one-half month's gain by the public school students. Furthermore, the home schooled students gained eight months in written language skills during the year-long study compared to the public school counterparts who gained only two and one-half months
Duvall summarized,
These results clearly indicate that parents, even though they are not certified teachers, can create instructional environments at home that assist students with learning disabilities to improve their academic skills. This study clearly shows that home schooling is beneficial for special-needs students.1
Contrary to the claims of the education elite, parents do not have to be specially certified or have special qualifications to teach their handicapped children at home.
An interesting historical example is Thomas Edison, who was expelled from public school at age seven because he was considered "addled" by his public school teacher. He lasted only three months in formal schooling. Over the next three years, his mother taught him the basics at home, and as Edison himself stated, "She instilled in me the love and purpose of learning."2 Without any special qualifications, Mrs. Edison helped her son overcome his disabilities to become a great inventor.
Once again, we see that home schooling can work for any child!
The Home Is the Ideal Environment for Special Needs Children
All children need to know they are loved. For children with special needs it is even more important. Home schooling gives these children teachers who truly love them and intimately know their weaknesses and strengths. This motivation and insight gives parents a tremendous advantage in delivering an effective educational program to their children.
Home schooling also affords parents the opportunity to instill spiritual values. Having a handicap is a daily struggle. A handicapped child is constantly aware of his weakness and inabilities and this can often lead to chronic feelings of worthlessness and inadequacy. In home schooling, parents can spend much time teaching their special needs children that they were created in the image of God. They have worth and value because God loves them. Their struggles and difficulties have purpose in glorifying God and being conformed more into the image of His Son, which is God's goal for all Christians.
They can learn "not to lose heart. Though our 'outward man' is decaying, our 'inward man' is being renewed day by day. For this momentary, light affliction is producing for us an eternal weight of glory far beyond all comparison, while we look not at the things which are seen but at the things which are not seen; for the things which are seen are temporal, but the things which are not seen are eternal" (II Corinthians 4:16-18). If they accept Jesus as their Savior, believing that He died on the cross for their sins and rose again, they will be healed one day in heaven, if not before.
Weakness and disability remind us of our mortality and our great need for a Savior. The spiritual object lessons to be drawn from our children's handicap are endless and of eternal value to them as well as the whole family. I can truly say that my multiple sclerosis and Amy's limitations are blessings that are reaping tremendous spiritual growth. God is teaching us to walk by faith, not sight (II Corinthians 5:7).
Can I Legally Home School My Special Needs Child and What Are My Rights?
The Home School Legal Defense Association, since 1983, has worked to win and protect all parents' right to teach all their children at home, including special needs children. When HSLDA began, it was only clearly legal to home school in approximately five states. Families now have this freedom in all 50 states. Even though parents are teaching their special needs children well and fully within the law these families are still faced with numerous challenges.
When Israel left Egypt, the Amalekites attacked Israel. However, they would rarely attack armed forces or the main group of the Israelites. Instead they would pick off the stragglers, who were often made up of the sick or weak.
Some public school authorities, unfortunately, seem to have adopted the tactics of the Amalekites when dealing with handicapped children who are being home schooled. When they find it difficult to pick on home schoolers with average or above average students, they turn to harassing the handicapped or special needs home schooled children. Going after handicapped children who are home schooled is somewhat easier, since it is more difficult for the family to prove educational progress. It is easier to intimidate these parents into thinking they are not qualified. The incentive is also greater, since special needs children are worth nearly twice as much in state and federal tax dollars that would be sent to the local school district.
As a result, home school families with children with special needs or handicaps are often harassed and restricted more than other home school families. Because of this discriminatory treatment, many home schoolers with special needs children begin to think they have fewer parental rights than other families. Constitutionally, this could not be further from the truth. Parents with special needs children, along with all other citizens live under the same U.S. Constitution. Therefore, they too have the protection of the First and Fourteenth Amendments.
For example, one HSLDA home school member family in Colorado had their child enrolled in special needs classes in the public school. After awhile, their child basically stagnated, as the classroom atmosphere became unbearable. The parents, having decided that they could do a better job themselves, notified the school district that they were going to home school their child. Although it was legal to home school in the state, the local school district refused to disenroll the child, asserting that the child's Individual Education Plan (IEP) recommendation could not be fulfilled by a "mere" mother. It called the family nearly every week, pressuring them to return for more meetings and more conferences with public school specialists. The mother resisted the intimidation but began to doubt herself. HSLDA was called, and we were able to convince the school district to withdraw unnecessary demands and recognize her right to home school privately.
In Illinois, a family disenrolled their child from all special needs programs except speech therapy. Again and again, the school district tried to pressure the family come into various meetings in which the child would be evaluated and recommendations given. The school district believed the parents were not qualified. Finally, the district initiated a due process proceeding, pursuant to the Individuals with Disabilities Education Act (IDEA). District officials believed the family was under the jurisdiction of that act because the child was still receiving speech therapy. The family followed HSLDA's advice and withdrew their child from speech therapy, breaking all ties with the school district in a written statement. After we further negotiated with the district, the family was left alone.
In Indiana, a couple who educated nine adopted handicapped children was harassed repeatedly by school officials. Scores of other families were home schooling in the area, but this family was singled out because all the children had special needs. The school district was losing a lot of money.
Many other instances could be cited from HSLDA's experience defending the parents of handicapped children who are harassed simply for home schooling. In most cases, the situations were resolved by HSLDA attorneys without going to court. Because of the parents' love, dedication, and unique insight into their children's special needs, these students flourished in the home school environment.
Resources for Teaching Children with Special Needs
Home schoolers can choose between two options to receive help: private special needs resources or resources from the public schools through the federal IDEA program. Some home school families use a combination of both.
At this time, the U.S. Department of Education's Office of Special Education Programs (OSEP) has interpreted the[the law to mean that IDEA special education resources only have to be made available to students in public schools or private schools. They specifically explain that home schooled students cannot qualify. This policy letter from OSEP, however, seems contrary to the purpose of IDEA "to assist States . . . to provide for the education of ALL children with disabilities." 20 USC section 1400(d)(C).
However, HSLDA has filed suit in federal court to end this discrimination, and we are urging the administration of President George W. Bush to issue a new policy letter from the OSEP, recognizing that all home schoolers may qualify for special needs services.
Meanwhile, certain states have passed regulations allowing home schoolers to participate. In a state that recognizes home schools as private schools, the home schoolers can generally get special needs assistance.
However, parents should consider the possible side effect of taking government special needs services--loss of freedom. That common adage, that "government controls nearly always follow government money," often becomes reality for home schoolers who receive public school services for their special needs children. Many times the controls are not immediately visible, but they usually surface as soon as parents begin to disagree with public school "recommendations" for new therapy or a different educational approach.
At the very least, home schoolers who receive public school services for their special needs children place themselves under the jurisdiction of federal IDEA and local state regulations that implement that act.
IDEA's intent is to provide statutory guidelines for local public schools to make available a free public education to the handicapped. The act is not a compulsory attendance statute for handicapped children. It is clearly apparent, therefore, that parents who do not want to take advantage of a free public education for their handicapped child are not required to do so. Such a mandate would also violate the parents' fundamental right to direct the education of their children, as guaranteed under Pierce v. Society of Sisters.3 In Pierce, the U.S. Supreme Court declared parents have the right to choose a private education program for their children, and, as a result, the Court struck down an Oregon law that mandated only public school attendance. Parents of special needs children are not required to use any public educational services. To privately educate their special needs child is the parents' choice. If they choose to educate their special needs child privately, they may do so without any state control or interference under IDEA.
Home Schooling Works
Home schooling special needs children takes a tremendous effort on behalf of parents. HSLDA receives regular reports of the consistent success that these parents are achieving, often far beyond the progress the special needs child made in the public school. One of the major reasons for success seems to be the fact that parents know their children best and, therefore, can best meet the needs of their handicapped child.
Below is a list of a few resources for more information on teaching special needs children. HSLDA members may also contact our office and speak with our full-time special needs coordinator for assistance with questions and finding resources.
In summary, parents who home school special needs students privately will have the least risk of government intervention. Those who choose to work with public schools should exercise great caution. Home schoolers should also carefully monitor their state legislatures in order to oppose any attempts to create excessive regulations for handicapped children being home schooled. All home schooling families need to stand together to protect special needs home schoolers from being separately and excessively regulated.
Notes:
1 Steven F. Duvall, The Impact of Home Education on Learning Disabled Children: A Look at New Research, (Report presented to the Home School Legal Defense Association, Purcellville, VA, August 30, 1994). Full research published later as "An Exploratory Study of Home School Instructional Environments and Their Effects on the Basic Skills of Students with Learning Disabilities," in Education & Treatment of Children 20, no. 2 (May 1997): 150-172.
2 Christopher J. Klicka, Home Schooling: The Right Choice, (Twin Sisters, OR: Loyal Publishing, 2000), p. 168.
3 268 U.S.510 (1925) [Also see Meyer v. Nebraska, 262 U.S.390 (1923) and Wisconsin v. Yoder, 406 U.S.205 (1972)].
Adapted from an article in Practical Homeschooling, March/April 2001.
Teaching a child with special needs is a privilege—but it is also hard. It requires much sacrifice, patience, and unconditional love on the part of the parents.
We cannot forget to consider what the child with special needs experiences. Living with a handicap such as blindness, cerebral palsy, a speech impediment, autism, retardation, a disease, or one of many types of learning disabilities is difficult. It is a daily struggle emotionally, mentally, and many times physically. The child's self esteem is constantly challenged. Some handicaps or learning disabilities can be overcome with consistent and focused effort. Other handicaps can only be managed and may never go away.
Living with multiple sclerosis helps me appreciate the struggles of a physically handicapped person. Every day it is hard for me simply to walk, put my socks on, or stay in 80 degree weather for any length of time. The emotional drain is intense. The need to think and plan for logistics to achieve normal movement is a heavy burden. The quality of life from a human perspective is diminished. Hiking in the woods or camping is too hard, going to the beach is incapacitating, and participating in most sports that I love is out of the question.
Personal attention and love from my family is more important to me than ever before. For a child with special needs, this extra support and reassurance is essential. Home schooling your special needs child makes that intense, loving support possible.
We have seven children including a set of twins who were supposed to have died in the womb. Yet God answered our desperate prayers in a miraculous way. Amy, whose head was caved in, spine twisted, and was not receiving adequate nutrients, completely recovered in the womb and was born alive at 2 lbs., 13 ounces. Although Amy was miraculously delivered, she is mentally much slower than her twin sister, Charity. At six years old, Amy is not ready to read like her sister and requires much more time, attention, and love. Sending her to an institutional school would devastate her fragile self-confidence. Teachers juggling the demands of a busy classroom could not possibly give her the one-on-one attention and love she needs.
In light of these experiences, I am convinced that home schooling children with special needs is the most effective way to teach them and provides the ideal environment in which they will learn and thrive.
Parents Excel in Teaching Their Special Needs Children
Objective studies have demonstrated that many parents are providing a superior form of education for their special needs children by teaching them at home.
For example, in one of the most thorough studies performed thus far, a team of researchers led by Dr. Steven Duvall conducted a year-long investigation involving eight elementary and two junior high students with learning disabilities. He compared one group of five students who received instruction at home with a group of five students who attended public schools. He was careful to match the public school students to the home school students according to grade level, sex, I.Q., and area of disability. Using a laptop computer, Duvall sat in on teaching sessions and took an observation every 20 seconds, creating tens of thousands of data points that were then fed into a statistical analysis package. His research usually included a second observer who double-checked Duvall's readings.
Duvall recorded and analyzed the time students were academically engaged during instructional periods. He also administered standardized achievement tests to measure gains in reading, math, and written language. His results showed that the home schooled special needs students were academically engaged about two and one-half times as often as public school special needs students! He found the children in the public school special education classrooms spent 74.9% of their time with no academic responses, while the home school children only spent 40.7% of their time with no academic responses. He also found that home schools have children and teachers sitting side-by-side or face-to-face 43% of the time, while public education classrooms had such an arrangement for special needs children only 6% of the time. This was a tremendous advantage for the home schooled students.
His study further found that the home schooled students averaged six months' gain in reading compared to only a one-half month's gain by the public school students. Furthermore, the home schooled students gained eight months in written language skills during the year-long study compared to the public school counterparts who gained only two and one-half months
Duvall summarized,
These results clearly indicate that parents, even though they are not certified teachers, can create instructional environments at home that assist students with learning disabilities to improve their academic skills. This study clearly shows that home schooling is beneficial for special-needs students.1
Contrary to the claims of the education elite, parents do not have to be specially certified or have special qualifications to teach their handicapped children at home.
An interesting historical example is Thomas Edison, who was expelled from public school at age seven because he was considered "addled" by his public school teacher. He lasted only three months in formal schooling. Over the next three years, his mother taught him the basics at home, and as Edison himself stated, "She instilled in me the love and purpose of learning."2 Without any special qualifications, Mrs. Edison helped her son overcome his disabilities to become a great inventor.
Once again, we see that home schooling can work for any child!
The Home Is the Ideal Environment for Special Needs Children
All children need to know they are loved. For children with special needs it is even more important. Home schooling gives these children teachers who truly love them and intimately know their weaknesses and strengths. This motivation and insight gives parents a tremendous advantage in delivering an effective educational program to their children.
Home schooling also affords parents the opportunity to instill spiritual values. Having a handicap is a daily struggle. A handicapped child is constantly aware of his weakness and inabilities and this can often lead to chronic feelings of worthlessness and inadequacy. In home schooling, parents can spend much time teaching their special needs children that they were created in the image of God. They have worth and value because God loves them. Their struggles and difficulties have purpose in glorifying God and being conformed more into the image of His Son, which is God's goal for all Christians.
They can learn "not to lose heart. Though our 'outward man' is decaying, our 'inward man' is being renewed day by day. For this momentary, light affliction is producing for us an eternal weight of glory far beyond all comparison, while we look not at the things which are seen but at the things which are not seen; for the things which are seen are temporal, but the things which are not seen are eternal" (II Corinthians 4:16-18). If they accept Jesus as their Savior, believing that He died on the cross for their sins and rose again, they will be healed one day in heaven, if not before.
Weakness and disability remind us of our mortality and our great need for a Savior. The spiritual object lessons to be drawn from our children's handicap are endless and of eternal value to them as well as the whole family. I can truly say that my multiple sclerosis and Amy's limitations are blessings that are reaping tremendous spiritual growth. God is teaching us to walk by faith, not sight (II Corinthians 5:7).
Can I Legally Home School My Special Needs Child and What Are My Rights?
The Home School Legal Defense Association, since 1983, has worked to win and protect all parents' right to teach all their children at home, including special needs children. When HSLDA began, it was only clearly legal to home school in approximately five states. Families now have this freedom in all 50 states. Even though parents are teaching their special needs children well and fully within the law these families are still faced with numerous challenges.
When Israel left Egypt, the Amalekites attacked Israel. However, they would rarely attack armed forces or the main group of the Israelites. Instead they would pick off the stragglers, who were often made up of the sick or weak.
Some public school authorities, unfortunately, seem to have adopted the tactics of the Amalekites when dealing with handicapped children who are being home schooled. When they find it difficult to pick on home schoolers with average or above average students, they turn to harassing the handicapped or special needs home schooled children. Going after handicapped children who are home schooled is somewhat easier, since it is more difficult for the family to prove educational progress. It is easier to intimidate these parents into thinking they are not qualified. The incentive is also greater, since special needs children are worth nearly twice as much in state and federal tax dollars that would be sent to the local school district.
As a result, home school families with children with special needs or handicaps are often harassed and restricted more than other home school families. Because of this discriminatory treatment, many home schoolers with special needs children begin to think they have fewer parental rights than other families. Constitutionally, this could not be further from the truth. Parents with special needs children, along with all other citizens live under the same U.S. Constitution. Therefore, they too have the protection of the First and Fourteenth Amendments.
For example, one HSLDA home school member family in Colorado had their child enrolled in special needs classes in the public school. After awhile, their child basically stagnated, as the classroom atmosphere became unbearable. The parents, having decided that they could do a better job themselves, notified the school district that they were going to home school their child. Although it was legal to home school in the state, the local school district refused to disenroll the child, asserting that the child's Individual Education Plan (IEP) recommendation could not be fulfilled by a "mere" mother. It called the family nearly every week, pressuring them to return for more meetings and more conferences with public school specialists. The mother resisted the intimidation but began to doubt herself. HSLDA was called, and we were able to convince the school district to withdraw unnecessary demands and recognize her right to home school privately.
In Illinois, a family disenrolled their child from all special needs programs except speech therapy. Again and again, the school district tried to pressure the family come into various meetings in which the child would be evaluated and recommendations given. The school district believed the parents were not qualified. Finally, the district initiated a due process proceeding, pursuant to the Individuals with Disabilities Education Act (IDEA). District officials believed the family was under the jurisdiction of that act because the child was still receiving speech therapy. The family followed HSLDA's advice and withdrew their child from speech therapy, breaking all ties with the school district in a written statement. After we further negotiated with the district, the family was left alone.
In Indiana, a couple who educated nine adopted handicapped children was harassed repeatedly by school officials. Scores of other families were home schooling in the area, but this family was singled out because all the children had special needs. The school district was losing a lot of money.
Many other instances could be cited from HSLDA's experience defending the parents of handicapped children who are harassed simply for home schooling. In most cases, the situations were resolved by HSLDA attorneys without going to court. Because of the parents' love, dedication, and unique insight into their children's special needs, these students flourished in the home school environment.
Resources for Teaching Children with Special Needs
Home schoolers can choose between two options to receive help: private special needs resources or resources from the public schools through the federal IDEA program. Some home school families use a combination of both.
At this time, the U.S. Department of Education's Office of Special Education Programs (OSEP) has interpreted the[the law to mean that IDEA special education resources only have to be made available to students in public schools or private schools. They specifically explain that home schooled students cannot qualify. This policy letter from OSEP, however, seems contrary to the purpose of IDEA "to assist States . . . to provide for the education of ALL children with disabilities." 20 USC section 1400(d)(C).
However, HSLDA has filed suit in federal court to end this discrimination, and we are urging the administration of President George W. Bush to issue a new policy letter from the OSEP, recognizing that all home schoolers may qualify for special needs services.
Meanwhile, certain states have passed regulations allowing home schoolers to participate. In a state that recognizes home schools as private schools, the home schoolers can generally get special needs assistance.
However, parents should consider the possible side effect of taking government special needs services--loss of freedom. That common adage, that "government controls nearly always follow government money," often becomes reality for home schoolers who receive public school services for their special needs children. Many times the controls are not immediately visible, but they usually surface as soon as parents begin to disagree with public school "recommendations" for new therapy or a different educational approach.
At the very least, home schoolers who receive public school services for their special needs children place themselves under the jurisdiction of federal IDEA and local state regulations that implement that act.
IDEA's intent is to provide statutory guidelines for local public schools to make available a free public education to the handicapped. The act is not a compulsory attendance statute for handicapped children. It is clearly apparent, therefore, that parents who do not want to take advantage of a free public education for their handicapped child are not required to do so. Such a mandate would also violate the parents' fundamental right to direct the education of their children, as guaranteed under Pierce v. Society of Sisters.3 In Pierce, the U.S. Supreme Court declared parents have the right to choose a private education program for their children, and, as a result, the Court struck down an Oregon law that mandated only public school attendance. Parents of special needs children are not required to use any public educational services. To privately educate their special needs child is the parents' choice. If they choose to educate their special needs child privately, they may do so without any state control or interference under IDEA.
Home Schooling Works
Home schooling special needs children takes a tremendous effort on behalf of parents. HSLDA receives regular reports of the consistent success that these parents are achieving, often far beyond the progress the special needs child made in the public school. One of the major reasons for success seems to be the fact that parents know their children best and, therefore, can best meet the needs of their handicapped child.
Below is a list of a few resources for more information on teaching special needs children. HSLDA members may also contact our office and speak with our full-time special needs coordinator for assistance with questions and finding resources.
In summary, parents who home school special needs students privately will have the least risk of government intervention. Those who choose to work with public schools should exercise great caution. Home schoolers should also carefully monitor their state legislatures in order to oppose any attempts to create excessive regulations for handicapped children being home schooled. All home schooling families need to stand together to protect special needs home schoolers from being separately and excessively regulated.
Notes:
1 Steven F. Duvall, The Impact of Home Education on Learning Disabled Children: A Look at New Research, (Report presented to the Home School Legal Defense Association, Purcellville, VA, August 30, 1994). Full research published later as "An Exploratory Study of Home School Instructional Environments and Their Effects on the Basic Skills of Students with Learning Disabilities," in Education & Treatment of Children 20, no. 2 (May 1997): 150-172.
2 Christopher J. Klicka, Home Schooling: The Right Choice, (Twin Sisters, OR: Loyal Publishing, 2000), p. 168.
3 268 U.S.510 (1925) [Also see Meyer v. Nebraska, 262 U.S.390 (1923) and Wisconsin v. Yoder, 406 U.S.205 (1972)].
Adapted from an article in Practical Homeschooling, March/April 2001.
