Fighting for Homebound and Hospitalized Students

Congruence Law, P.C. Secures Educational Services for Students Who Cannot Attend School Due to Medical Needs

Students facing serious medical conditions—whether recovering from surgery, managing chronic illness, or undergoing treatment for mental health—are still entitled to an education. State and federal laws require school districts to provide homebound or hospital-based instruction to ensure these students don’t fall behind.

Unfortunately, families are often met with delays, denials, or inadequate services—leaving vulnerable students isolated and academically adrift. At Congruence Law, P.C., we fight for the rights of medically fragile students to receive the instruction, support, and continuity they deserve.

What Is Homebound or Hospital Instruction?

Homebound instruction refers to educational services provided at home or in a medical facility when a student cannot attend school due to:

• Surgery or injury

• Cancer treatment or chronic illness

• Mental health crisis or hospitalization

• Pregnancy complications or postpartum recovery

• Recovery from trauma or major health episodes

These services must be individualized and timely, with a written plan outlining the scope and duration of instruction.

Legal Basis for Services

➤ Individuals with Disabilities Education Act (IDEA). For students with IEPs, schools must provide FAPE (a Free Appropriate Public Education) regardless of location.

➤ Section 504 of the Rehabilitation Act. Requires accommodations and access to education for students with temporary or long-term disabilities.

➤ State Education Codes and Local Regulations. Most states have specific rules requiring homebound instruction when a medical provider certifies the need.

Schools are obligated to act promptly once notified of a qualifying condition.

Common Violations We See

• Delays in approval after a physician submits documentation

• Imposing arbitrary time limits or hourly caps on services

• Failure to provide IEP services or specialized instruction

• Denial based on academic standing or attendance history

• Refusing homebound for mental health needs (e.g., anxiety, depression)

• Lack of coordination with hospitals or treatment centers

These denials can violate not only education law, but anti-discrimination protections as well.

What We Do at Congruence Law, P.C.

We represent families seeking appropriate educational services for children who are temporarily or permanently unable to attend school. Our services include:

• Securing physician-certified homebound instruction

• Ensuring IEP or 504 services continue uninterrupted

• Appealing denials or delays in service provision

• Challenging discrimination based on mental or physical health

• Filing complaints or legal actions to enforce student rights

• Advocating for reintegration plans and support upon return to school

We also help families document medical needs, work with providers, and navigate privacy concerns under HIPAA and FERPA.

What Schools Say—and Why They’re Often Wrong

“We can’t approve services for mental health conditions.”→ False. Mental health is covered under both IDEA and Section 504. Emotional disorders qualify.

“We don’t provide services unless the absence exceeds X days.”→ Most state laws and federal guidance require individualized review—not blanket minimums.

“We can’t replicate IEP services outside the classroom.”→ Schools must deliver comparable services in any setting, including at home or in hospitals.

“We don’t have staff available right now.”→ Staffing shortages don’t excuse legal noncompliance. The obligation to provide services remains.

Pitfalls to Avoid

• Delaying the request. Submit medical documentation as soon as a need is foreseeable.

• Accepting informal tutoring in place of a formal homebound plan. You have the right to documented services with clear timelines and accountability.

• Returning to school prematurely. If your child isn’t ready, push for continued services or a gradual reintegration plan.

• Failing to include IEP/504 teams. Even short-term absences can affect services and accommodations.

Why Choose Congruence Law, P.C.

We believe no student should lose their education just because they’re healing. We help families hold schools accountable—ensuring medical needs don’t become academic setbacks. Whether temporary or long-term, your child deserves support.

If your school has delayed, denied, or reduced homebound or hospital-based instruction, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you keep your child’s education on track—no matter where they are.