Term Paper on "Homebound Hospital Program"

Term Paper 15 pages (4475 words) Sources: 10 Style: APA

[EXCERPT] . . . .

Homebound Instruction

Federal Regulations

In Title 34 of federal codes, part 300, titled Assistance to States for the Education of Children with Disabilities, federal guidelines specify that state educational institutions are responsible for providing specially designed instruction for students with disabilities. Specifically, section 300.26 lays guidelines for the provision of such services, the settings in which such services are to be provided, and the specifications for such provisions (34CFR300.26). In response, all fifty states now offer programs, including homebound and hospitalized services for students unable to attend regular classes due to medical conditions. This paper will discuss such programs, including the federal guidelines, specific state programs, an overview of services, and a discussion of each state's particular requirements for the homebound or hospital programs.

To understand the role of federal guidelines in establishing precedent for homebound and hospital educational services, it is necessary to understand guidelines regarding special education. As mentioned, Title 34 of federal code specifically details the requirements for the provision of special education classes for students with disabilities. According to section 300.26 of Title 34, special education refers to "specifically designed instruction" provided at no cost to parents that meet the needs of children with disabilities (34CFR300.26). The guidelines state this educational component should be offered in "the classroom, in the home, in hospitals and institutions, and in other settings" (34CFR300.26).

Additionally, part (b) (3) of these guidelines state the specially designed instruction is to be adapted to the needs of the child, and is to be designed in a way that "ensure(s) access of the child to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the public agency that apply to all children." (34CFR300.26).

Furthermore, section 300.551 of Title 34 indicates the states are required to ensure a continuum of alternative placements for children with disabilities that include provisions in such environments as listed in 300.26 (34CFR300.551). Section 300.552 lists specific criteria for such placement. These guidelines dictate that the placement of a child with a disability is made by a conglomeration of the parents, other individuals knowledgeable about the child, data relevant to the situation, and the possibilities for placement. Further, the decision for placement must be revised annually, be based on a program for success, be as close as possible to the home of the child, and be the best option for the child (34CFR300.552).

In addition to Title 34, Section 504 of the Rehabilitation Act of 1973 protects the rights of those with disabilities by stating that "no otherwise qualified individual with disabilities in the United States...shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program, or activity receiving federal financial assistance..." (20 USC, Section 794). According to the guidelines, a person can be considered disabled under one of three circumstances. First, an individual with a physical or mental impairment that substantially limits one or more life activities, including learning, hearing, walking, self-care, manual task completion, breathing and speaking can be considered disabled. Secondly, any individual with a record of such impairment can be considered disabled. Finally, anyone believed to have such impairment can be considered disabled. This category includes those with a physical or mental impairment that does not limit activity but is treated as a limitation, one whose impairment is only such because of societal attitudes, such as an obese individual, and those with no outward impairment, but a clear disadvantage, such as one with HIV (34 CFR, Section 104.3(j). In terms of education, Section 504 provides that schools who receive federal funding must provide a free and appropriate education in the least restrictive environment to students with physical or mental disabilities. Combined with Title 34, this means any disabled child must have an IEP (Individualized Education Program) designed by parents and teachers that ensures proper placement in the best possible educational environment for the student.

Finally, the Individuals with Disability Education Act (IDEA) provides that disabled students have a right to benefit from educational programs if between the ages of three and twenty-one. This statute is much more limiting than Section 504, in that it specifically states that disabled is defined as a child with "mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities" (20 USC, 1401 (3) a). Further, IDEA notes the disabling condition must result in a specific need for special education.

Section 504, on the other hand, broadened the criteria for special education services. By determining that a disability simply need limit a life activity, Section 504 allowed for services provided to children with such communicable diseases as AIDS, tuberculosis, temporary disability, such as short-term illness and injury, severe allergies, and other conditions. Further differences between Section 504 and IDEA can be found in Appendix a. It was the introduction of these additional definitions of disability that allowed states to begin providing homebound and hospital educational services.

General program and State by State requirements

In an effort to abide by these federal regulations, the Board of Education for each state developed a program for children who were temporarily unable to attend a regular school setting. Given such broad guidelines, each state has developed vastly different programs, with a wide range of options available. This section will discuss homebound and hospital education programs in general, as well as explain various state by state requirements.

In general, homebound and hospital programs are study programs designed to help students who are unable to attend school due to a medical condition to maintain their educational goals, and to progress normally in spite of their condition. In many cases, students participating in such programs are only temporarily disabled, due to injury, short-term illness, or other temporary issue. The instructor for such students adapts the curriculum in the student's normal classroom environment to enable those students to continue learning while dealing with their ailment. These services are not designed to replace regular school attendance, but rather, to provide a temporary learning environment when a student is unable to attend regular classes (Michigan Dept of Education, 2003). In this way, homebound and hospital educational settings provide the setting required by the federal guidelines for continued and appropriate alternative educational placement.

To qualify for homebound or hospitalized services, a student must be enrolled in a public school, and the district in which the student is enrolled is responsible for providing the content of the instruction, any materials required, assignments, instructors, and in determining the number of hours required each week. Further, each district is responsible for determining the number of days a student must be out of regular classes to qualify for homebound or hospital services. These qualifications can vary greatly between districts even within the same state (Michigan Dept of Education, 2003).

In general, the process for obtaining homebound or hospital services for a child is the same between the states. First, the parent or guardian must submit information from a physician, hospital, treatment facility, or otherwise qualified organization that determines the nature of the child's condition, the expected length of absence, and the possible limitations his or her condition may place on the activities, learning capabilities, and other health aspects of the child. In most states, these conditions may be medical, psychological, physical, or addiction based (Michigan Dept of Education, 2003).

Once the school officials have been notified of such a condition, many states require a meeting between the staff and the parents or guardian of the child to develop an IEP plan, and to determine whether the student qualified for special education under Section 504 or IDEA. This process is outlined in Appendix B. First, the determination is made as to whether the disability of the student limits a major activity, qualifying him or her for Section 504 aid, or if the disability adversely affects educational performance, which qualifies him or her for IDEA services. If eligible under Section 504, the student must be provided with services comparable to those of the disabled, including reasonable accommodations, physical and instructional material, specialized instruction, related aids and services, and a logical accommodation plan. If IDEA qualified, the district is required to provide specifically designed instruction and related services only, through an IEP plan. This plan is adapted to meet the educational needs of the student, and to create a plan by which the student can attain the highest level of education possible. Upon completion, the parents and staff agree to the terms of the IEP, and implement the plan (Michigan Dept of Education, 2003).

The states vary greatly in the determination for absences required before homebound or hospital services will be considered. In some states, the student need only be absent for a period of five consecutive school days before they are eligible for such services, such as in Florida and Kansas. Other states require two weeks of… READ MORE

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