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As students return to classes this September, those special needs students receiving instruction at home will once again be able to enjoy programs for special children through the public school system.

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A father aids his special-needs daughter
In January 2008, the New York State Education Department (NYSED) eliminated special services for all homeschooled children with special needs.  This abrupt change in policy was made without warning or public comment.  It reversed a seventeen-year policy in which New York State Some of these students suffer from conditions such as multiple sclerosis, muscular dystrophy, cerebral palsy or even multiple cavernous angiomas (tumors of blood vessels in the brain).  A few are so medically fragile that they can not be transported to a public school for education and services.  Because of the NYSED ruling, about 450 special education students receiving instruction at home were being denied services. provided special services to homeschoolers on nearly the same basis as public school students.

At the request of New Yorkers for Constitutional Freedoms and other home school advocates, Senator George Winner (R – Elmira) was the first to introduce a bill, S7490-A, that would restore special education services to homeschooled students.  These services include things like physical therapy, speech therapy, and many other services that enable learning and acquisition of skills needed for eventually achieving maximum independence and self-sufficiency as adults.

On June 5, 2008, a similar, but not identical, version of S7490-A, was introduced by cosponsors Asm. Benedetto (D – Bronx), Catherine Nolan (D – Ridgewood), Donna Lupardo (D – Endwell) and Englebright (D – Setauket).  This bill, A11463, cleared the Assembly Education Committee on June 11, 2008.  On Tuesday, June 17, 2008, the Assembly Ways and Means Committee passed A11463.  Also on June 17, 2008, S7490 was amended to be a “same as” version of A11463.

The bill was especially important to Assemblyman Benedetto, who in 1974 joined the New York Public School system as a teacher of mentally and physically challenged children.  While with the New York City schools, Assemblyman Benedetto ran the first “very special” Olympics for multiply handicapped children.

The powerful New York State United Teachers (NYSUT) and the School Boards’ Association opposed the legislation, but in the final days of the 2007-2008 legislative session, the bills unanimously passed in their respective houses of the legislature.

Despite continued opposition from NYSUT and the School Boards’ Association, on July 7, 2008, God moved the heart of Governor Paterson to sign the legislation, restoring special services to disabled homeschooled children.  New Yorkers for Constitutional Freedoms Legislative Director, Jason McGuire, said, “We give God the glory for this victory. While we are thankful for the help of many legislators and staff, we recognize that ultimately it was God that brought a great victory this year, and it encourages us to look for even greater victories in the future.”
Last Updated ( Thursday, 04 September 2008 )