" The Court followed the guidance of the Office of Special Education Programs, since no definition for "private school or facility" within the IDEA or the accompanying regulations existed. It then applied Nevada law to determine eligibility for IDEA-funded services for home schooling. The Nevada law in force at the time defined "private school" in a way that excluded home-education.

Given this finding, the Hooks then argued that Nevada law and the school district policy violated IDEA. The Court offered a statutory analysis of the language "private school or facility" to stress that the "IDEA leaves discretion to the [s]tates." First, it analyzed the usual meaning of the phrase, stating that the plain language "does not require that exempted home education qualify as a 'private school or facility.'" Then it turned to the OSEP interpretation, because it is the agency "charged with implementing and enforcing the IDEA.

It stated that...
[ View Full Essay]