COMPETENT PRIVATE INSTRUCTION
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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.
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 form with the parents in person or by phone/video conference. The form provides key information on:
- Dual enrollment options for eligible students
- 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
CPI with Dual Enrollment for Special Education Services
If the parent(s) wish to dual enroll their child for special education services, they will submit Form A to the district. On the form, the parent indicates that their child is currently identified as requiring special education, and the intent to dual enroll in order to access special education programs and services. Additional steps completed by the IEP team, including the parent(s):
- Complete the Home Schooling for Students in Special Education: Parent Notification and Acknowledgment form documenting the intent to dual enroll for special education services.
- Develop an IEP for the student which ensures FAPE.
- 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.
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, additional steps completed by the IEP team, including the parent(s):
- Complete the Home Schooling for Students in Special Education: Parent Notification and Acknowledgment form documenting the intent to revoke consent for special education services.
- 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.
- Exit the student from the 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,
- 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).
- 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.
- Exit the student from the IEP system per parent revocation of consent (PRC).