Hooks v Clark County District, 228 F.3d 1036 9th cir. 2000. cert. denied, 121 S. Ct. 1602 (2001) Parent of a homeschooled student who requested speech pathology services from a local school district was denied. The courts determined that "states have discretion to determine homeschool and private school definitions that may in turn, result in the provision or withholding of services.

School districts are required to assess home school students to determine a disability as requested by the parent or legal guardian.

Home School and Private School Parentally Placed Students

with Disabilities

AB348 section 45 amended NRS 392.070

AB348 section 45 affords the federal rights of parentally placed private school students with disabilities to students with disabilities receiving home schooling. There is no specific federal statute addressing this issue regarding home school students with disabilities. For home school students it depends on status with the state law. Nevada state law equates“ home schooling” with “ private school parentally placed” for the purposes of federal Individuals with Disabilities Education Act (IDEA) services.

Under IDEA private school students and home school students are not entitled to “a free and appropriate education”.)

In summary this means that school districts must:

· make available its Child Find procedures to these children;

· consult with appropriate representatives of home schooled children prior to finalizing the decisions regarding expenditures of federal funds under IDEA;

· and demonstrate a process of spending for the provision of services

- the same proportion of the district’s total subgrant as the number of home schooled children with disabilities age 3-21 residing in its jurisdiction

- to the total number of disabled children in its jurisdiction age 3-21.

There is no requirement for any specific amount of funds to be expended for any particular child for any particular service other than in compliance with the above.