The parent of a disabled student filed a Child Complaint with the Missouri Department of Elementary and Secondary Education (“DESE”) alleging that the Smithton R-VI School District violated state and federal regulations implementing the Individuals with Disabilities Education Act (“IDEA) when it failed provide special education and related services to the parent’s homeschooled child. Smithton took an assertive position arguing that in Missouri when a parent unilaterally withdraws a student from the public school setting for the express purpose of homeschooling, the student becomes a parentally placed private school student and not entitled to receive special education or related services to the same extent as he or she would have if enrolled in the District. In finding for Smithton the DESE Findings states “In this case, [Student] became a homeschooled student on January 8, 2013, and no longer had a right to all the special education and related services he had received while enrolled in the public school.” Mickes Goldman O’Toole partner Ernie Trakas represented Smithton before DESE.
Missouri Dept of Elementary and Secondary Education rejects parent’s Child Complaint and finds Smithton R-VI School District complied with IDEA and State Plan for Special Education
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