Home Schooling Students with Disabilities -
A Policy Analysis


by

Eve Müller



















July 2004


Prepared for:

Project Forum
National Association of State Directors of Special Education (NASDSE)
1800 Diagonal Road - Suite 320
Alexandria, VA 22314


Year 3 Deliverable 3-3C
Under Cooperative Agreement # H326F000001
Office of Special Education Programs (OSEP)
U.S. Department of Education

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Project Forum at National Association of State Directors of
Special Education (NASDSE) is a cooperative agreement
funded by the Office of Special Education Programs of the
U.S. Department of Education. The project carries out a
variety of activities that provide information needed for
program improvement, and promote the utilization of research
data and other information for improving outcomes for
students with disabilities. The project also provides technical
assistance and information on emerging issues, and convenes
small work groups to gather expert input, obtain feedback and
develop conceptual frameworks related to critical topics in
special education.
This report was supported by the U.S. Department of Education (Cooperative
Agreement No. H326F000001). However, the opinions expressed herein do not
necessarily reflect the position of the U.S. Department of Education, and no official
endorsement by the Department should be inferred.
Note: There are no copyright restrictions on this document; however, please credit the source and support
of federal funds when copying all or part of this material.
This document, along with many other Forum publications, can be downloaded from the Project Forum at
NASDSE web address:

http://www.nasdse.org/forum.htm

To order a hard copy of this document or any other Forum publications, please contact Carla Burgman at
703-519-3800 ext. 312 or NASDSE, 1800 Diagonal Road, Suite 320, Alexandria, VA 22314
Ph: 703-519-3800 ext. 312 or Email: carla@nasdse.org

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Table of Contents


Overview ........................................................................................................................................ 1
Methodology .................................................................................................................................. 1
Home Schooling Defined .............................................................................................................. 1
Incidence of Home Schoolers ....................................................................................................... 2
Growth in Home Schooling .......................................................................................................... 2
Demographic Characteristics ...................................................................................................... 2
Academic Outcomes...................................................................................................................... 2
Reasons for Choosing Home Schooling....................................................................................... 3
Trends in Home Schooling ........................................................................................................... 3
Dual Enrollment.......................................................................................................................... 3
Collaboratives............................................................................................................................. 3
Virtual Schools............................................................................................................................ 3
Home Schoolers with Disabilities ................................................................................................ 4
Incidence ..................................................................................................................................... 4
Family Characteristics................................................................................................................ 4
Academic Outcomes.................................................................................................................... 4
Reasons for Choosing Home Schooling...................................................................................... 5
State Policies .................................................................................................................................. 5
Recent Trends in Home Schooling Policy................................................................................... 6
Policy Issues Pertaining to Home Schoolers with Disabilities .................................................. 7
Permission to Home School Students with Disabilities .............................................................. 7
Eligibility for IDEA Services ...................................................................................................... 7
Special Education Evaluation and Child Find ........................................................................... 8
Teacher Qualifications................................................................................................................ 8
Accountability ............................................................................................................................. 8
Data Collection........................................................................................................................... 9
Addressing the Needs of Home Schoolers with Disabilities ...................................................... 9
Concluding Remarks .................................................................................................................... 9
References.................................................................................................................................... 10
State Home Schooling Policies Relating to Students with Disabilities ................................... 12
App. A: OSEP Letters Pertaining to the Home Schooling of Students with Disabilities ..... 31

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Home Schooling Students with Disabilities – A Policy Analysis


Overview

More and more families throughout the nation are choosing to home school their children,
including their children with disabilities. Laws relating to the home schooling of children with
disabilities vary from state to state. Because home schooling is an evolving practice, state laws
are not always clear and may appear to be contradictory. As a consequence, the precise
responsibilities of states and local education agencies (LEAs) to provide special education
services to home-schooled students are frequently contested in the courts. This policy analysis is
intended to provide policymakers with updated information regarding current trends in home
schooling as well as to highlight significant policy issues relating to the home schooling of
children with disabilities. A chart summarizing each state’s current policies regarding home
schooling and special education is included.

This document was produced by Project Forum at the National Association of State Directors of
Special Education (NASDSE) as part of its cooperative agreement with the U.S. Department of
Education’s Office of Special Education Programs (OSEP).

Methodology

This document updates an analysis conducted five years ago by Project Forum of state policies
pertaining to the home schooling of students with disabilities (Project Forum, 1998).1 Project
Forum sent copies of each state’s policies, used in the preparation of its 1998 report, to State
Directors of Special Education, who were asked to provide information regarding any changes
made in the last five years. Thirty-one states responded and 10 reported policy changes. For the
remaining 19 states, Project Forum staff consulted an annually updated resource produced by the
Home School Legal Defense Association (HSLDA) that includes each state’s legal requirements
for home schooling (Klicka, 2003).

Home Schooling Defined

There is little consensus among grassroots organizations and states about the definition of home
schooling. For the purposes of this document, home-schooled students are defined as those
students whose educational program is managed primarily by their families. These students may
receive all of their schooling at home, be enrolled part-time in campus-based schools or virtual
schools or share instruction with other families. Home schooling does not include home or
hospital bound instruction necessitated by a student’s health condition.2


1 Non-state jurisdictions were not included in the 1998 analysis or the analysis summarized in this document.
2 Several of the studies cited in this document define home-schooled students somewhat more narrowly – e.g.,
including only those students who are not affiliated in any way with public school systems or only those who are
enrolled in schools for less than 25 hours per week.
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Project Forum at NASDSE

July 2004

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Incidence of Home Schoolers

Current estimates of the number of home schoolers range from approximately 850,000 (Bielick,
Chandler, & Broughman, 2001) to 1.7 million (Ray, 1999). Home schoolers account for 1.7 to
2.2 percent of students nationwide (Belfield, 2002; Bielick et al., 2001) and represent
approximately 10 percent of the privately-schooled population (Lines, 1999). However, because
many families of home-schooled children refuse to file with state education agencies (SEAs) or
LEAs for ideological reasons, it is difficult to determine the exact number of home schoolers.
According to one study, as many as one-third of home schoolers may choose to remain
“underground” in order to avoid regulation or monitoring (Ray, 1999).

Growth in Home Schooling

The home schooling movement continues to grow. According to one study, the number of home-
schooled students increased threefold between 1994 and 1999, from approximately 400,000 to
approximately 1.2 million (Nemer, 2002). Another study estimates that home schooling is
growing at a rate of 15 percent per year (Kennedy, 1997).

Demographic Characteristics

Although the home schooling movement originated with a relatively homogeneous sector of the
population— white middle-class Christian families—the movement now appears to include a
more diverse range of families (McDowell et al., 2000). For instance, approximately 25 percent
of home schoolers now come from non-white families (Bielick et al., 2001). The education level
of families that home school appears to be above the national average, and a high percentage of
home-schooled students live in two-parent families where only one parent participates in the
labor force (Bielick, 2001; Rudner, 1999). In one study focusing on the first child in a family to
receive home schooling, the majority of families reported that their child had attended public or
private school at some time prior to receiving home schooling, and nearly 40 percent of these
families reported that their child experienced learning and/or behavior difficulties while
attending school (Lange & Liu, 1999).

Academic Outcomes

Limited research exists comparing the academic outcomes of home-schooled students to those
educated in traditional schools. Furthermore, the few existing outcome studies may suffer from
selection bias since all are based on a self-selected group of home schoolers who are more likely
to be high achievers (Belfield, 2004).3 One study of 20,760 home school students, funded by Bob
Jones University, found that average achievement test scores for home-schooled students were in
the 70th to 80th percentile for all academic areas (Rudner, 1999). The study also found that almost
25 percent of home-schooled students enrolled one or more grades above their age-level peers in
public and private schools. A second study, sponsored by HSLDA, also found that home-
schooled students scored above average on achievement tests (Ray, 1999).


3 Of the two outcome studies cited in this document, it should be noted that both were sponsored by institutions or
organizations advocating home schooling.
Home Schooling Students with Disabilities – A Policy Analysis Page
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July 2004

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Reasons for Choosing Home Schooling

Commonly cited reasons families choose home schooling include differences in educational
philosophy; religious beliefs; poor school climate; and childrens’ special needs including
disabilities, learning difficulties and social or emotional problems (Bielick et al., 2001; Lange &
Liu, 1999).

Trends in Home Schooling

Recent trends in home schooling—dual enrollment, home schooling collaboratives and virtual
schools—provide families with additional educational choices. At the same time, these trends
challenge state- and local-level policy makers to address increasingly complex policy issues.

Dual Enrollment

Families are more frequently opting for educational arrangements described variously as “dual
enrollment,” “shared schooling” or “assisted home schooling.” For instance, some LEAs allow
home schoolers to attend public school part-time and/or engage in extra-curricular activities.
Other LEAs have established centers at which families may enroll in classes or obtain resources
and instructional support.

Many nonpublic schools, some public schools, and the state of Alaska provide home schoolers
with texts, materials and support (Lines, 2003). A number of families seeking dual enrollment
are those who have children with special education needs and, in response to this, many LEAs
are developing specialized programs to assist home schoolers with disabilities (Dahm, 1996;
Duffey, 1999).

Collaboratives

“Collaboratives” or “umbrella institutions” are also increasingly popular. Many of these
collaboratives began informally as a way for families to exchange services (e.g., one parent
might provide history lessons in exchange for another providing music lessons) or to involve
their children in group activities (e.g., soccer teams or theater productions). In a number of states
(e.g., California, Arizona and Michigan) several such collaboratives have become chartered and
are now operating as public schools. Some home-schooling groups have also created
management firms offering to create new public charter and/or private schools that coordinate
parent efforts and reflect the values associated with home schooling. Advantages of such
collaboratives include the following: parents can spend less time home schooling their children;
their children benefit from others’ expertise; and public funds may be made available to pay for
materials, facilities, internet hookups and assessments (Hill, 2000).

Virtual Schools

A relatively new form of distance education known as “virtual schools” or “cyber schools” offers
home schoolers a wide array of online courses. Families of home schoolers, particularly families
in which both parents are working full-time, are increasingly turning to online curricula to
Home Schooling Students with Disabilities – A Policy Analysis Page
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supplement or even replace more traditional approaches to home schooling (Hadderman, 2002).
Many virtual schools are designed to provide courses that may not otherwise be available to
students in rural areas (e.g., advanced placement courses). Virtual schools may be operated at the
state-level, by LEAs, universities or private organizations. Some virtual schools operate as
charter schools.4

Home Schoolers with Disabilities

Incidence

Because most studies of home schooling make little mention of students with disabilities, it is
difficult to determine the number of students with disabilities who participate in them. According
to one study of students being home-schooled in Minnesota, 10 percent of surveyed parents
reported that at least one of their children received special education services in public or
nonpublic school settings prior to being home-schooled (Lange & Liu, 1999). If this figure is
representative of the nation, the total number of children with disabilities receiving home
schooling could be as high as 170,000.

Research indicates that home-schooled students appear to have a wide range of disabilities,
including specific learning disability (SLD), attention deficit disorder or attention deficit
hyperactivity disorder (ADD/ADHD), mental retardation, emotional disturbance, autism
spectrum disabilities, and speech and language impairments (SLI) (Duffey, 2002; Reinhiller &
Thomas, 1997).

Family Characteristics

The demographic characteristics of families home schooling children with disabilities are, for the
most part, similar to those of the home schooling population at large, with the exception of
greater ethnic diversity among families of children with disabilities (Duffey, 2002).

Another difference is that families of children with disabilities demonstrate greater willingness to
utilize services and resources provided by campus-based schools (Duffey, 2002). For example,
the home-schooled child with a disability spends 3.6 years on average in conventional schools
(Duffey, 2002); whereas, the home-schooled child without disabilities spends only .4 years on
average in conventional schools (Ray, 1997 as cited in Duffey, 2002). In addition, Duffey (2002)
found that 24 percent of home-schooled children with disabilities were enrolled on a part-time
basis in public or nonpublic schools.

Academic Outcomes

Information regarding the academic outcomes of home schoolers with disabilities is extremely
limited. One exception to this is a study of ten students by Duvall et al. (1997) that compared the
academic achievement of home-schooled students with SLD and public school students with
SLD. Findings indicate that home-schooled children with SLD were more academically engaged

4 For more information on virtual schools and students with disabilities, see the Project FORUM document authored
by Müller & Ahearn, Virtual Schools and Students with Disabilities (2004).
Home Schooling Students with Disabilities – A Policy Analysis Page
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than their public school-educated peers, spent significantly more one-on-one time with teachers,
and made significant gains in reading and writing as measured by standardized tests, while their
public school peers experienced losses in reading and only small gains in writing. In math, both
groups made equivalent gains. No empirical research has yet documented academic outcomes for
home-schooled students with other types of disability and evidence supporting home schooling
for students with SLD remains limited.

Reasons for Choosing Home Schooling

A number of studies suggest that the need for special education plays a significant role in
parents’ decisions to home school their children (Duffey, 2002; Ensign, 2000; Gray, 1993;
Knowles, Muchmore & Spaulding, 1994; Lange & Liu, 1999). For instance, 22 percent of
families reported that the presence of a learning problem, behavior problem or disability entered
into their decision to home school their child (Lange & Liu, 1999). Parents claim that home
schooling allows them to provide their special needs children with a superior education –
including one-on-one support, individualized instruction, and selection of curricular materials
that fit their children’s abilities and interests (Duffey, 2002; Ensign, 2000; Lange & Liu, 1999).
Parents also report that home schooling helps reduce behavior and motivation problems (Ensign,
2000).

An Internet search yielded dozens of websites and support groups, managed by parents of
children with disabilities, designed to provide information and educational resources for parents
who home school children with disabilities. Furthermore, membership in the National
Challenged Homeschoolers Associated Network (NATHHAN)—an information and resource
network for families home schooling children with special needs—has more than tripled in the
past five years. Membership, according to its director, currently numbers over 14,000 families.5

State Policies

In all 50 states, home schooling is a legal option and 37 states have adopted home school statutes
or regulations. The following examples come from the most up-to-date version of the HSLDA
document summarizing state home schooling laws (Klicka, 2003):

In at least 14 states, individual home schools may operate as nonpublic schools; in five
additional states, groups of home schoolers, rather than individual home schools, qualify as
nonpublic schools.
Nine states require that home school parents meet specific teacher qualifications (e.g.,
possession of a high school diploma or graduate equivalency diploma [GED]).
Twenty-four states require either standardized testing or alternative evaluation if the family is
operating under the home school law.
Six states require the amount of instruction time to be equivalent to public school instruction
time.
Eight states allow home schoolers to obtain some type of religious exemption from
compulsory school attendance laws.

5 This figure was provided by Tom Bushnell, Director of NATHHAN, via personal correspondence on November
24, 2003.
Home Schooling Students with Disabilities – A Policy Analysis Page
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Forty-one states require that parents notify an SEA or LEA of their intent to educate their
children at home and identify the children involved. However, many families do not file any
paperwork with state or local officials because their home-schooled child is not old enough to
come under the state’s compulsory school attendance law and therefore the state’s law does not
require filing.6

Recent Trends in Home Schooling Policy

Although it was not within the scope of this document to conduct a year-by-year analysis of
changes in state policy, the authors noted several emerging trends in home schooling policy.

States increasingly allow home schools to be operated under more than one regulatory option.
For example, Virginia allows home schools to operate under the home school statute, religious
exemption statute, certified tutor statute or as private or denominational schools. Tennessee
allows home schools to operate as independent home schools, home schools associated with a
church-related school or as satellite campuses of a church-related school. Delaware allows home
schools to operate as single-family home schools, multi-family home schools or single-family
home schools coordinated with the local school district. In these states, as with others, a variety
of regulatory options mean that families can opt for more or less involvement of LEAs and/or
SEAs in their children’s education.

State policies are also less likely than five years ago to require specific teacher qualifications. For
example, both Minnesota and Tennessee used to require that home schooling parents possess a
high school diploma or GED, complete a baccalaureate degree, complete a teacher equivalency
exam, and/or be directly supervised by a licensed teacher. Policy changes in these and other
states have resulted in the elimination of such teacher requirements.

A third trend in home schooling policy involves changes to accountability requirements. A
number of states have either introduced accountability requirements where none existed before
(e.g., Virginia) or created additional testing options (e.g., Colorado, Florida and Tennessee all
permit a variety of ways in which academic progress may be measured). Several states have
policies requiring probation and/or removal from home schools if students fail to show adequate
academic progress after a certain period of time (e.g., South Dakota and Virginia). New Mexico
is the only state to have eliminated accountability requirements for home schoolers during the
past five years.

Recent changes to home schooling policy appear to reflect two contradictory trends. One trend is
towards decreasing regulation of home schooling and/or a greater variety of regulatory options –
a result of efforts by home schooling advocacy groups such as HSLDA. A second trend is
towards increasing regulation – greater accountability as a result of the No Child Left Behind
Act of 2001 (NCLB) and the pressure on states to show adequate academic progress on the part
of all students, including home schoolers.


6 Although most states require school attendance at five or six years of age, several do not require school attendance
until eight years of age.
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