Can a Child’s Home Be an Appropriate IAES?
by
Joseph C. Maya on Jul. 29, 2024
Summary: If you have any questions about special education or education law in general, contact one of our attorneys at (203) 221-3100.
Determining whether a child's home qualifies as an appropriate interim alternative educational setting (IAES) depends on the specific circumstances of each case. Factors to consider include the duration of the removal, the child's history of removals from their regular placement, and their individual needs and educational goals. Generally, since removals may last up to 45 days, it is important to ensure that if home instruction is provided for a child, the services offered meet IDEA requirements.
Additionally, the Office of Special Education and Rehabilitative Services (OSERS) acknowledges that for a child removed from their educational placement due to disciplinary reasons, home instruction can be provided through virtual, in-person, or hybrid methods. Virtual or hybrid instruction may be viable options for an IEP Team to consider when deciding on the appropriate IAES for a child with a disability, as long as these services enable the child to continue engaging with the general education curriculum and make progress toward achieving the goals outlined in their IEP.
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