Recently, someone asked a question about homebound services, whether the law limits the time for direct instruction. Here’s the question…
My daughter is on home bound services and the special education director insists that by law the school district is only required to provide 2 hours of services a week, regardless of what the IEP team decides.
The child currently receives 112 1/2 minutes of math, 112 1/2 minutes of language arts and 56 1/4 minutes of geography & science a week. That is nowhere near the amount of time she needs to learn the same information as her school peers.
The special ed director is wrong.
Issues of homebound are determined in part by state law and state regulations, if any, on the subject. IDEA 2004 and the federal regulations provide no guidance on this issue.
However the IEP controls the services, regardless of where they are delivered – at home or in the public school.
In your discussion with the special ed director, did you use our “Columbo / Ms. Manners” strategy, ask lots of 5 W’s+H+E questions, and politely ask for a copy of the law that limits the time for services delivered in the home?
When the special ed director failed to provide a copy of the law,
- did you follow up with a very nice letter reiterating what she said, and
- repeat your request for the law?
Remember, if it’s not in writing, it was never said.
I had a case several years ago where, because of unique issues, the child was homebound. A private evaluator recommended that the child’s homebound services increase from 3 hours a day to 4 hours a day.
While the school system initially balked, after the evaluator met with the staff the school then shifted its position and, at last report, was providing the child with 4 hours of homebound services a day.
Why? Because this is what the child required in order to receive FAPE, i.e., a free appropriate public education.
Shifting – it sounds like you need to learn how to present problems in a way that will motivate the decision-maker to want to right the wrong, instead of getting defensive and drawing their wagons in a circle.
Start by reading our article about the “Letter to the Stranger.”
When you write a letter to document an event or make a request, you need to focus on both the content and on its visual appearance (readability). Use lots of carrier returns to separate paragraphs for easier reading.
It is not about arguing. That’s just the catchy title used by the publisher. Gerry Spence describes how to present problems so people in power do not feel defensive or attacked but see the problems through your eyes and want to help. He is about the best trial lawyer alive today.