Mary and Ed Fratianni live in Suffolk County, New York.  Their son, E.J., is 11 years old.  E.J. was born with a rare brain tumor, a Hypothalamic Hamartoma. Since its removal at 29 months of age, E.J. has overcome numerous medical setbacks.

Today he is able to walk, talk, read, write, play violin, and do things that other children can do, as a result of home instruction coupled with special support services such as speech, and occupational and physical therapies provided through the local school district.  Mary Fratianni says, “Without these support services over the past years, our son would not be where he is today.  We had a son who at the age of four could not speak, only grunt.  We eliminated the distractions of a classroom setting, and with the help of special services, we were able to get him to the point that he is today.”

Unfortunately, because of a recent New York State Education Department ruling, E.J. and about 450 other special education students receiving instruction at home are being denied services. 

Senator George Winner (R - Elmira)

Senator George Winner (R – Elmira) has introduced 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.  S7490 unanimously cleared the Senate Education Committee on Tuesday, May 6, 2008, and it advanced to the Senate Finance Committee.

As of May 15, 2008, there was still no companion bill in the New York State Assembly, but Assembly Education Chair Catherine Nolan’s (D – Ridgewood) office confirmed that they are aware of the issue and are looking into the matter.

Mary Fratianni believes, “These special support services are critically important for all homeschooled children with special needs.”  She is hopeful that services will soon be restored.

Update: 

On June 5, 2008, a similar, but not identical version of S7490-A, was introduced by cosponsors Asm. Benedetto (D – Bronx), Asm. Catherine Nolan (D – Ridgewood), Asm. Donna Lupardo (D – Endwell) and Asm. Englebright (D – Setauket).  This bill, A11463, cleared the Assembly Education Committee on June 11, 2008. 

On Tuesday, June 17, 2008, A11463 passed in the Assembly Ways and Means Committee.  It is now in the Assembly Rules Committee where it will await a full floor vote.

Also on June 17, 2008, S7490 was amended to be a "same as" version of A11463. S7490-B is on third reading and can be voted on in a full floor vote any time now.

It looks as if these bills will be passed before the legislative session ends on June 23, 2008.

Additional Update: 

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

Despite opposition, on July 7, 2008, God moved the heart of our Governor to sign the legislation (Prov. 21:1) restoring special services to disabled homeschooled children.

The signing of this bill set into motion a 30-day window in which parents of special needs homeschooled students need to make a written request to their school district for such services. Parents must submit a written request for services to the school district where they reside by August 6, 2008.

For most school districts (NYC may be different) it is suggested that you submit your written request to your CSE Chairperson and “cc” your superintendent. If you mail in your request then send it Certified Return Receipt.  You should also make follow up phone calls to make sure that your request was received and received by the correct person.

If your child had an IEP this year (2007-2008) and lost their services, make sure that you note in your written request that your child had an IEP on file with the school district.

If your CSE or other person handling the Special Services Request asks for proof that your current IHIP is in compliance, submit your compliance letter or summary page of your IHIP.  The summary page usually includes only the quarterly reporting dates, name of the child, instructor’s signature (parent) and superintendent’s signature.

God certainly brought a great victory this year through this law and it encourages us to look for even greater victories in the future.