Education Law Publications
The firm publishes a monthly "Issue of the Month" on current issues or matters of interest in the education law area. If you want more information about our education law practice or a copy of any of our articles, contact David Duff at dduff@ddtwb.com SCHOOL LAW
"ISSUE OF THE MONTH"
January 2006 There's No Place Like Home: Medical Homebound and Special Education Home-Based Placements What is your district obligated to do when a mental or physical condition prevents a student from attending school? Can and should a district place a student with disabilities in a home-based instructional program? In order to answer these questions, districts must have an understanding of the difference between medical homebound instruction, designed to permit students who cannot attend school because of a chronic or acute medical condition to continue receiving instruction either at home or in the hospital, and home-based instruction for students with disabilities, where either a school official or a parent desires for a student to receive instruction in the home for a non-health-related reason. Medical Homebound Instruction. In order to qualify for medical homebound or hospitalized instruction provided by the local school district, a student must be enrolled in a public school. Medical Homebound Instruction: A Guide for Parents and School Districts, S.C. Department of Education, (2003). Thus, students who reside within the district, but attend a private school, are not eligible for the service. Similarly, because “home schooling” is considered a private education program, local districts are not required to offer medical homebound/hospital instruction to such students. On the other hand, students who attend public charter schools are eligible to apply for medical homebound/hospital instruction through the district’s application process. As specified in Department of Education Regulation 43-241, medical homebound or hospitalized instruction must be provided by a certified teacher. The district determines the appropriate instruction and scheduling on an individual basis, based on the needs of the student and input from the student, parents, and teachers. Decisions about homebound instruction cannot be based on funding, personnel shortages, or administrative convenience. The teacher keeps weekly records of all services provided, and the student is eligible to have any missed instruction made up by the district. A student on approved medical homebound instruction remains eligible for the service until the last day of the period approved by the district, or the last day of the school year, whichever occurs earlier. Districts should be aware that a student who has a recurring medical condition that only intermittently prevents that student from attending school may be eligible to receive homebound instruction during those periods when the student is unable to attend school. If a student on medical homebound wishes to return to school before the approved period ends, the district should require a physician’s release. Districts also should keep in mind that any student who has been unable to attend school because of a mental or physical condition may qualify for accommodations under Section 504 upon the student’s return to the regular school program. Each school district sets its own procedures for approving medical homebound/hospital instruction, which must require that: - A physician certifies that the student has an acute or chronic physical or mental condition that prevents him or her from attending classes at school, and the student may benefit from instruction at home or in the hospital.
- Thereafter, the superintendent (or his/her designee) will review the certification, approve or deny the request, and record the decision on the Department of Education’s standardized form. The district has the right to request additional documentation from the physician before approving a request for homebound instruction, and also has the discretion to deny a request. In the event that a physician’s medical homebound recommendation is denied, a parent has the right to challenge the decision through the district’s appeal process.
- Once a request for homebound instruction is approved, the district will provide students on medical homebound with opportunities for continued participation in the general curriculum, extracurricular activities, and nonacademic activities.
Home-Based Instruction for Special Education Students. Under certain circumstances, a district may consider transferring a student who receives services under either the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act, but who has no physical or mental condition that would require medical homebound instruction, from the regular school environment to a home-based placement. This often arises in cases where the student has been involved in numerous disciplinary offenses at school. A parent of a student with disabilities also may request that his/her child be instructed at home, rather than in the regular school setting, based on the parent’s belief that the child will be better off in the home environment. These home-based placement requests, whether initiated by school officials or by a parent, should be closely examined to ensure that the home is an appropriate setting where the student’s special education and other needs can be met. Neither a school official nor a parent may unilaterally place a student with disabilities in a home-based placement. Because such a transfer would amount to a “change in placement” under the IDEA, the decision must made by an IEP team after a thorough discussion at an IEP meeting. If the IEP team determines that the student cannot receive a free, appropriate public education (FAPE) in the home environment, then the student should not be transferred to a home-based placement. For example, in cases involving students who have an emotional disability (ED) under the IDEA, it likely will be difficult for a district to provide such students with assistance in meeting their special needs (i.e., working cooperatively with peers and authority figures, such as teachers and administrators) when the student is working alone in the home, as opposed to with others in the regular school environment. In some instances, medical homebound instruction or home-based instruction may be the most effective way to provide educational opportunities to students. For questions or assistance with this or any other student matter, please contact Duff & White, LLC at 1.800.639.1677.
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