POLICY LETTER: March 26, 2009 to Missouri Attorney Teri B. Goldman

03/26/09Teri B. GoldmanMickes Goldman O'Toole, LLC555 Maryville University Drive, Suite 240 St. Louis, MO 63141Dear Ms. Goldman:This is in response to your December 18, 2008 letter to William Knudsen, former Acting Director of the Office of Special Education Programs at the U.S. Department of Education, regarding the status of children with disabilities who return to public school after being parentally-placed in a private school or home schooled for a period of time.' Specifically you ask how the Individuals with Disabilities Education Act (IDEA) treats a child with a disability who "had an [individualized education program] IEP, been home-schooled or enrolled in private school, and then subsequently returns to a public school setting."You state that the Missouri Department of Elementary and Secondary Education provided you guidance that if a child with a disability is withdrawn from the public school setting for home schooling or attendance at a private school for any lengthy period of time, and then subsequently returns to a public school setting, the enrolling public school cannot use the transfer procedures provided in 34 CFR 300.323, but must treat the child as nondisabled and ask for parental consent for an initial evaluation and initial provision of special education and related services. Given this guidance, you requested "clarification as to whether the 'break' in public schooling necessitates `starting over' with regard to identification, evaluthe student moves to another State. See 34 CFR 300.305(e) and 300.323(1).Assuming that none of those four events occurred, the child in question remains a child with a disability and is eligible for special education and related services.In Missouri, a child who is home-schooled is considered a private school student.Page 2 Teri B. GoldmanFurther, once a child with a disability re-enrolls in the public school, the local educational agency (LEA) has an obligation to convene an IEP meeting and develop an appropriate IEP for the child. 34 CFR 300.324(b). A reevaluation may be necessary if the LEA "determines that the educational and related services needs...of the child warrant a reevaluation or the child's parent or teacher requests a reevaluation" or it has been more than three years since the last evaluation. 34 CFR 300.303(a).While it is not clear from your letter how long the child was out of the public school system, if it has been less than three years, a reevaluation may not be necessary unless, as mentioned above, the needs of the child warrant a reevaluation or the parent or child's teacher requests one. If the child was parentally-placed in a private school for more than three years, the LEA had an obligation, under 34 CFR 300.131 and 300.303(b), to conduct a reevaluation while the child was attending the private school. If a reevaluation did not occur during that time period, the LEA must conduct a reevaluation upon the child's re-enrollmActing Director Office of Special Education Programscc: Heidi Atkins-Lieberman03/26/09Teri B. GoldmanMickes Goldman O'Toole, LLC555 Maryville University Drive, Suite 240 St. Louis, MO 63141Dear Ms. Goldman:This is in response to your December 18, 2008 letter to William Knudsen, former Acting Director of the Office of Special Education Programs at the U.S. Department of Education, regarding the status of children with disabilities who return to public school after being parentally-placed in a private school or home schooled for a period of time.' Specifically you ask how the Individuals with Disabilities Education Act (IDEA) treats a child with a disability who "had an [individualized education program] IEP, been home-schooled or enrolled in private school, and then subsequently returns to a public school setting."You state that the Missouri Department of Elementary and Secondary Education provided you guidance that if a child with a disability is withdrawn from the public school setting for home schooling or attendance at a private school for any lengthy period of time, and then subsequently returns to a public school setting, the enrolling public school cannot use the transfer procedures provided in 34 CFR 300.323, but must treat the child as nondisabled and ask for parental consent for an initial evaluation and initial provision of special education and related services. Given this guidance, you requested "clarification as to whether the 'break' in public schooling necessitates `starting over' with regard to identification, evaluthe student moves to another State. See 34 CFR 300.305(e) and 300.323(1).Assuming that none of those four events occurred, the child in question remains a child with a disability and is eligible for special education and related services.In Missouri, a child who is home-schooled is considered a private school student.Page 2 Teri B. GoldmanFurther, once a child with a disability re-enrolls in the public school, the local educational agency (LEA) has an obligation to convene an IEP meeting and develop an appropriate IEP for the child. 34 CFR 300.324(b). A reevaluation may be necessary if the LEA "determines that the educational and related services needs...of the child warrant a reevaluation or the child's parent or teacher requests a reevaluation" or it has been more than three years since the last evaluation. 34 CFR 300.303(a).While it is not clear from your letter how long the child was out of the public school system, if it has been less than three years, a reevaluation may not be necessary unless, as mentioned above, the needs of the child warrant a reevaluation or the parent or child's teacher requests one. If the child was parentally-placed in a private school for more than three years, the LEA had an obligation, under 34 CFR 300.131 and 300.303(b), to conduct a reevaluation while the child was attending the private school. If a reevaluation did not occur during that time period, the LEA must conduct a reevaluation upon the child's re-enrollmActing Director Office of Special Education Programscc: Heidi Atkins-Lieberman