Vermont Homeschool Special Education: What Services You Can Get Under Home Study

Vermont parents who choose home study for their children with disabilities often assume they've walked away from the special education system entirely. That's not quite right — but the reality is complicated, and the services available are significantly more limited than what a public school student with an IEP receives.

Understanding exactly what Vermont law requires districts to provide homeschooled students with disabilities, and what it doesn't, helps you make a realistic decision about whether home study is the right choice for your child — and what to fight for if you've already made it.

The Basics: How Home Study Works in Vermont

Vermont allows parents to educate their children at home through a Home Study program, which requires annual enrollment notification filed with the local school district. The process is relatively straightforward compared to some states — Vermont does not require parents to submit curriculum plans or test results as part of initial enrollment.

When a child is enrolled in Home Study, they are no longer enrolled in the public school and are no longer receiving a Free Appropriate Public Education (FAPE) under IDEA. This is the critical legal consequence of the decision. FAPE is a right that attaches to enrollment in public school. Once you exit, the district's obligation to provide an individualized education program goes away.

What does not go away entirely is the district's obligation under IDEA's Child Find mandate and its obligation to offer equitable services to eligible homeschooled students with disabilities.

Child Find Still Applies

Vermont's Child Find requirement — under Rule 2360.3 — requires every district to actively identify, locate, and evaluate all children with disabilities residing within its jurisdiction, including children in home study programs. The district cannot ignore homeschooled children with suspected disabilities. They must make outreach efforts to the homeschool community, notify home study families of their Child Find obligations, and conduct evaluations of children who may have disabilities upon request.

This means: if you are homeschooling a child you suspect has a disability, you can still request a special education evaluation from your local district. The district's evaluation obligations — including the 15-day EPT meeting rule and the 60-day evaluation timeline — still apply. The district must evaluate your child and provide you with the results.

The evaluation itself is free. The district conducts it, and you receive a written report.

Equitable Services, Not FAPE

Here is where the legal landscape shifts significantly for homeschool families. If your child is determined eligible for special education through the evaluation process, the district is not required to offer your home study child an IEP or FAPE. Instead, the district must consult with you and offer what IDEA calls "equitable services."

Equitable services are a proportionate share of the district's IDEA Part B grant funds, offered to parentally placed private school students (which homeschooled students are treated as under federal regulations). This is a fraction of what a publicly enrolled student would receive. The amount available for all eligible private school students in the district is calculated based on a proportionate share of federal funds, and it is often very small.

What this means practically: the district might offer your child a few hours of speech therapy per month, or access to certain resource services — but it will not provide the full spectrum of IEP services a public school student with equivalent needs would receive. The district also does not provide transportation to wherever services are delivered.

You cannot enforce equitable services through the same dispute mechanisms as FAPE. There is no right to a due process hearing to demand more services than the district's equitable services plan offers. Your recourse is limited to filing a complaint if the district fails to conduct a proper consultation process.

Act 173 and Homeschool Families

Vermont's Act 173 funding shift has a specific implication for home study families. Under the census-based funding model, districts receive a block grant based on their total student enrollment. When your child leaves public school for home study, the district no longer counts your child in its enrollment — and therefore no longer receives any state funding attributable to your child.

This doesn't directly affect equitable services, which are funded through federal IDEA Part B rather than state Act 173 funds. But it does mean that the financial relationship between your family and the district has changed — and that any remaining leverage you have is based on federal law, not state funding.

When Returning to Public School Makes Sense

Some families try homeschooling for a period — often because they've had poor experiences with the public school's special education program — and later consider returning. If you return your child to public school enrollment, the district's full FAPE obligation resumes. The district must reconvene an IEP team, conduct any necessary evaluation updates, and develop a new IEP based on current needs.

Important: if you left because the district was not providing appropriate services, returning may require fighting the same battles. The fact of previous home study doesn't strengthen or weaken your position in subsequent IEP negotiations. You start the IEP process fresh — which can actually be an advantage if you use the re-enrollment period to request updated evaluations that reflect your child's current profile.

Private Evaluations and Home Study

One advantage of home study is that parents who obtain private evaluations — neuropsychological assessments, educational therapy assessments — are not in a situation where the district's own evaluation is the primary document of record. If you're considering returning to public school, having a recent, thorough private evaluation in hand is strong positioning for the initial IEP meeting. The IEP team must consider independent evaluations, and a detailed private evaluation sets the terms for the conversation.

What Vermont Doesn't Require Districts to Provide

To be clear about what the district is not obligated to provide once your child is in home study:

• A full IEP or FAPE
• Transportation to services
• Related services at the level a public school student with the same disability would receive
• Access to extracurricular activities (though some Vermont districts offer this voluntarily)
• Prior Written Notice for service decisions (since the full procedural safeguards don't apply in the same way)

Making a Realistic Decision

For some Vermont families, home study genuinely is the right answer — particularly if the public school is a poor fit for a child's learning style or if the family has the resources and structure to provide meaningful instruction. For other families, home study is considered because the public school's IEP has been inadequate, and the family is exhausted from fighting.

If the second scenario describes your situation, it's worth considering whether resolving the disputes with the public school would yield more services than homeschooling. Families who have gone through a state complaint or mediation process and obtained enforceable agreements often end up with significantly better services than families who exit to home study.

The Vermont IEP & 504 Advocacy Playbook at /us/vermont/advocacy/ includes guidance on evaluating when to escalate IEP disputes versus when alternative schooling arrangements make sense, as well as the practical mechanics of returning to public school from home study. Understanding what you give up — and what remains — under home study is essential information before making that decision.

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