http://www.leighlawgroup.com - Home Hospital Instruction and the IEP - Special Education Attorney San Francisco. Home Hospital Instruction,special education attorney california,disability attorney,federal litigation

1. Home Hospital Instruction and the IEP

2. Home hospital instruction is not meant
to replace the rights of special
education students to receive an
appropriate offer of placement and
services. It should never be raised as
an option if the placement is based on
the child’s category of disability. Your
child is entitled to the full panopoly of
services and placement.

3. What is home hospital? The Home and
Hospital Instruction Program
(California Education Code Section
48206.3) serves students who incur a
temporary disability, which makes
attendance in the regular day classes
or alternative education program
impossible or inadvisable.

4. The purpose of home and hospital
instruction is to provide instruction to
a student with a temporary disability
in the student’s home or in a hospital
or other residential health facility,
excluding state hospitals.

5. “Temporary disability” means a
physical, mental, or emotional
disability incurred while a student is
enrolled in regular day classes or an
alternative education program and
after which a student can reasonably
be expected to return to regular day
classes or an alternative educational
program without special interventions.

6. Notice the word “temporary”. Children
who are determined to be eligible for
special education services based on
any one of the 13 categories of
eligiblity should not count their special
area of need such as autism, other
health impairment etc. as
“temporary”.

7. However, there are circumstances
when the IEP team jointly believes that
a child will be most appropriately
served in the home setting. That is
different than home hospital
instruction because there it is
determined that the child’s needs can
appropriately be served in a home
setting and that home setting is not
meant to be a temporary placement

8. However, that is not to say that if the
child makes progress that moving the
child to a less restrictive setting such
as at a non public school or public
school setting.

9. Assuming your child is IEP eligible and
has still incurred a temorary disability,
when making a decision about placing
a child in the home setting through an
IEP the following questions should be
raised by the parents or the IEP team:

10. 1. How long will the home placement
last? (note this may depend on your
doctor’s own report about when your
child is ready to return to the
classroom).

11. 2. What are the number of hours of
instruction and is that enough to avoid
regression?

12. 3. Will the instruction include supports
and services such as an aide?

13. 4. How will the delivery of speech and
other related services be provided?

14. 5. What is the requirement that an
adult be present other than the
teacher?

15. 6. How will the management and
coordination of classroom work be
exchanged between the classroom
teacher and the home instructional
teacher?

16. The Leigh Law Group represents
individuals, families, employees,
parents, guardians and children who
have been injured by the unlawful acts
of others. As attorney advocates, we
provide each client with all options
available to them.

17. When Leigh Law Group acts on your
behalf, we demonstrate a strong
commitment to your case and are
relentless in our goals for seeking
remedies and justice.

18. Specialties include special education
attorney, federal court litigation, state
court litigation, disabilty
discrimination, disability rights
attorney, and civil rights. Please visit
us on the web at
http://www.leighlawgroup.com