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COMPETENT PRIVATE INSTRUCTION

Competent Private Instruction (Home Schooling)

In Iowa, all students who are of compulsory attendance age must be enrolled in a recognized educational program. In Iowa, the compulsory attendance age requirements apply to: 

  1. A child who has reached the age of six by September 15th and who are not 16 years of age by September 15th of a school year. Children whose birthday is after September 15 and who turn 16 years of age must complete the current year of school to meet compulsory attendance requirements. 
  2. A child who has reached the age of five by September 15 and who is enrolled in a school district shall be considered to be of compulsory attendance age unless the parent or guardian of the child notifies the school district in writing of the parent’s or guardian’s intent to remove the child from enrollment in the school district.
  3. A child who has reached the age of four by September 15 and who is enrolled in the statewide preschool program under chapter 256C shall be considered to be of compulsory attendance age unless the parent or guardian of the child submits written notice to the school district implementing the program of the parent’s or guardian’s intent to remove the child from enrollment in the preschool program.

The Iowa Compulsory Attendance law allows for private instruction and addresses the requirements of private instruction which are relevant to individuals eligible for special education. Thus, compulsory attendance requirements are applicable to three and four-year-old students who are placed in preschool to receive special education services, including specially designed instruction (SDI) as determined by the IEP team. 

Private Instruction Options

Iowa Code allows for three forms of private instruction which a parent may choose for their child:

  • Competent Private Instruction Option 1: Private Instruction under the supervision of a licensed practitioner
  • Competent Private Instruction Option 2: Private Instruction by a non-licensed person
  • Independent Private Instruction

A clear summary of the three private instruction options is available on the Iowa Department of Education Comparison Chart. Also, the Iowa Department of Education Private Instruction Handbook addresses the specific requirements for all children receiving private instruction.

Dual enrollment for special education services is available with Competent Private Instruction Option 1 and Option 2

Dual enrollment for special education services is NOT available for Independent Private Instruction.

 

Option for Dual Enrollment for Special Education Services

Competent Private Instruction (CPI) with dual enrollment for special education services is the option of homeschooling that allows families to access special education services and supports while the child is dual enrolled at school.

CPI with dual enrollment for special education services will require the:

  • The IEP team will determine the necessary special education services to provide a free appropriate public education.
  • Family to work with the school in developing an IEP that provides adequate supports for the student to make progress on his/her goals.
  • Family to make the child available for instruction at the time/location determined by the school district, as the school determines when teachers are available to provide the needed instruction and supports.
  • Students and family comply with attendance laws which apply for the dual enrolled portion of the school day.

Prior to starting CPI with dual enrollment, the AEA Director of Special Education (or the Director’s designee) must approve the appropriateness of the proposed CPI program for the child requiring special education considering the child’s individual disability.

 

Home Schooling for Students in Special Education: Parent Notification & Acknowledgement Form

When a parent of a child with a disability notifies the district of their intent and/or request to homeschool their student, the LEA/AEA shall inform the parents of their options for continuing special education services and the impacts of revocation of special education services.

The LEA/AEA teams will review the Home Schooling for Students in Special Education Parent Notification and Acknowledgment with the parents in person or by phone/video conference. The form provides key information on:

  • Dual enrollment options for eligible students
  • The AEA Special Education Director approval process required to address eligible individual’s need for specially designed instruction and additional supports
  • The impacts on a student’s special education services and eligibility if the parent choose to not dual enroll the student for special education services

Private Instruction Options Procedures for Dual Enrollment & Revocation for Eligible Student enrolling in CPI

The IEP team must determine which Competent Private Instruction (homeschool) option the parent(s) is selecting to enroll their child in. (Iowa Department of Education Comparison Chart)

  1. CPI- option 1 (dual enrollment is available)
  2. CPI-option 2 (dual enrollment is available)
  3. IPI (dual enrollment is NOT available)

If the parent selects CPI option 1 or 2, then determine if the parent(s) wishes to dual enroll their child in the public school system for special education services. To inform the parent(s) of dual enrollment and revocation, review the Home Schooling for Students in Special Education: Parent Notification and Acknowledgment form with the parent(s). 

If the parent selects IPI, then follow procedures for revocation.

 

CPI with Dual Enrollment for Special Education Services

If the parent(s) wish to dual enrolled for special education services, 

  1. Complete the Home Schooling for Students in Special Education: Parent Notification and Acknowledgment form documenting the intent to dual enroll for special education services.
  2. Develop an IEP for the student which ensures FAPE.
  3. Provide the parent(s) with a copy of the IEP including the completed  Home Schooling for Students in Special Education: Parent Notification and Acknowledgment form and a PWN of the proposed/refused actions.
  4. Parents submit form A to the district.
  5. The IEP team will seek AEA Special Education director (or director designee) approval.

 

CPI with NO Dual Enrollment (Revocation of Consent) for Special Education Services

 

If the parent(s) does not wish to dual enrolled for special education services,

  1. Complete the  Home Schooling for Students in Special Education: Parent Notification and Acknowledgment form documenting the intent to revoke consent for special education services.
  2. Provide the parent(s) with a copy of the completed  Home Schooling for Students in Special Education: Parent Notification and Acknowledgment form and a PWN with the proposed action to end services.
  3. Exit the student from the Web IEP system per parent revocation of consent (PRC).

If is not possible to secure the parent(s) signature on the Home schooling for Students in Special Education: Parent Notification and Acknowledgement form

  1. Complete the Home Schooling for Students in Special Education: Parent Notification and Acknowledgment form documenting revoke consent for special education services, including documentation of who and when the information was shared (attempted to share) with the parent(s).
  2. Provide the parent(s) with a copy of the completed Home Schooling for Students in Special Education: Parent Notification and Acknowledgment form and a PWN with the proposed action to end services.
  3. Exit the student from the WebIEP system per parent revocation of consent (PRC).

AEA Special Education Director Approval Process for Dual Enrollment

When a student’s parents wish to provide CPI for their child who is an eligible individual, the IEP team shall submit a copy of the most current IEP and other relevant documentation to the AEA Director of Special Education (or the Director’s designee) for approval.

The request for approval for placement under CPI by the parent or guardian may be presented to the Director of Special Education (or designee) at any time during the calendar year. 

The AEA Director’s (or designee) decision will be based upon the appropriateness of the proposed CPI program for the eligible student taking into consideration the student’s disability and needs. 

The AEA Director of Special Education (or designee) shall issue a written decision: approving, conditioning approval on modification of the proposed program, or denying approval within 30 days.

  • Approval: If the Director of Special Education (or designee) approves the plan, the parent(s) will receive a letter from the AEA Special Education Director (or designee) and the plan and IEP will be implemented as determined by the IEP team.
  • Conditional Approval: If the Director of Special Education (or designee) conditionally approves modification of the proposed program, the IEP team will need to reconvene to address the concerns with the plan per the director’s review.
  • Denying Approval: If the Director of Special Education (or designee) denies approval or if no written decision has been rendered within 30 calendar days, that decision or the absence of a decision is subject to review by an impartial administrative law judge per parent request.

If a parent(s), guardian, or legal custodian of a child requiring special education provides private instruction without approval, the AEA Director of Special Education (or designee) may do one of two things.

  1. Request an impartial hearing before an administrative law judge under the rules of special education, or
  2. Notify the secretary of the child’s district of residence for referral of the matter to the county attorney.