Bill: I have a family who is happily homeschooling due to a child’s emotional disabilities and lack of desire to fight a difficult district for services. The district is refusing to approve the child as a homeschooler, so CPS is saying child is truant until approved. Family is working with state to get district to approve homeschool plan, but this takes time. If they did start the IEP process, would they have the legal right to keep child home until an IEP decision? (I’m thinking this would buy them time until the end of the school year.) Thanks.
We are facing a similar but more complicated situation. We have a son who is severely autistic with complications that require extensive supports. He is transitioning to a new district that is refusing to continue several of the supports he has previously had including safety provisions designed to address his severe life threatening peanut allergy (which is complicated by his being non-verbal and having pica). We have given notice that we are educating him privately (and have rented a classroom and retained a full staff of credential specialists for him) while we proceed to due process. The high school has come to observe the program in the classroom multiple times and knows he is being educated but now they are claiming he has been truant.
We are in a similar situation. I am tired of fighting for the School District and have already contacted the various state recognized homeschool associations and consulted with those who know the laws within our state. I have not yet withdrawn my child from public school because we have a complaint filed. Awaiting the decision but still fearful because regardless of how the complaint ends the District may still retaliate. As if that has not already happened. I will have the admission approval in hand when I do remove my child from school.