COMPETENT PRIVATE INSTRUCTION

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.

Option to Revoke Consent of Special Education Services

Parents who decline dual enrollment for special education are effectively revoking their consent for special education services and will be provided with a Prior Written Notice by the school district or AEA. Families who do not choose dual enrollment for special education services take full responsibility for their child’s education and will need to provide the instruction necessary to support their continued progress.

The procedural safeguards afforded to students in special education and their families no longer apply once a parent revokes consent for special education services.  This includes:

• The student will be a general education student.
• The student will no longer be provided an IEP, including instructional services, support services, program accommodations, and modifications.
• IDEA’s manifestation determination requirements and other discipline protections will no longer apply. Therefore, the student will be disciplined as a general education student.
• General education academic requirements for competition eligibility (e.g. sports, activities) will apply to the student.

Other supports available to all general education students may continue to be available. For example, the accommodations available to all students or health plans and medication administration plans, consistent with any other general education students.

After special education services cease, parents have the right to ask for the services to start again. However, an initial evaluation will need to be conducted to determine eligibility for special education services. The special education records of the student must still be kept by the school for audit and accountability purposes.

Ending a student’s special education services may affect the student’s eligibility for other services or programs such as SSI, Medicaid, vocational rehabilitation services, and accommodations in colleges. Each of these services and programs has its own eligibility criteria and priorities and parents/families should consult with a person responsible for these services and programs for additional information.

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.

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.