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New York Education Code for Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library or on the web. The related homeschooling
laws are also here New York State Education Department site.
Sponsored Links
Compulsory attendance - Between 6 and 16 years of age.
Some cities have raised the age limit to 18. I have been told that New York City, Buffalo and
Brockport have done so. There may be others as well.
Annual notification, instruction plan must be submitted, attendance
records must be kept, testing required, parents need only be
competent.
New York State Home Instruction Regulations
Amendment To Regulations Of The Commissioner Of Education
Preface
(a) Purpose of section
(b) Notice of intention to instruct
at home
(c) Procedures for development and review of
an individualized home instruction plan (IHIP)
(d) Content of IHIP
(e) Required Courses
(f) Attendance Requirements
(g) Quarterly Reports
(h) Annual Assessment
(i) Probation
Regulation Revisions
The Regulations of the Commissioner
of Education are amended, effective September 2004, by the addition
of a new section 100.10 to read as follows:
Pursuant to sections 207, 3204, 3210, 3212, and 3234 of the Education
Law 100.10
(a)
Purpose of section.
Purpose of section. The purpose of this section is to establish procedures to assist school authorities in fulfilling their responsibility under Education Law, sections 3204(2) and 3210(2)(d), and in meeting their responsibility of determining the competency of the instructor and substantial equivalence of instruction being provided at home to students of compulsory school attendance age, and to assist parents who exercise their right to provide required instruction at home to such students in fulfilling their responsibilities under Education Law, section 3212(2).
(b)
Notice of intention to instruct at home.
(1) Except as otherwise provided in paragraphs (2) and (3) of this subdivision, parents or other persons in parental relation to a student of compulsory school attendance age shall annually provide written notice to the superintendent of schools of their school district of residence of their intention to educate their child at home by July 1st of each school year. The school year begins July 1st and ends June 30th for all purposes within this section. In the case of the City School District of the City of New York, the school district of residence for students who, if enrolled in the public schools, would attend elementary school, intermediate school or junior high school in a community school district, shall be deemed to be the community school district in which the parents reside.
(2) Parents who determine to commence home instruction after the start of the school year, or who establish residence in the school district after the start of the school year, shall provide written notice of their intention to educate their child at home within 14 days following the commencement of home instruction within the school district.
(c) Procedures
for development and review of an individualized home instruction
plan (IHIP).
(1) Within 10 business days of the receipt of the notice of intention to instruct at home, the school district shall send to the parents a copy of this section 100.10 of the Regulations of the Commissioner of Education and a form on which to submit an individualized home instruction plan (IHIP) for each child of compulsory attendance age who is to be taught at home.
(2) Within four weeks of the receipt of such materials, or by August 15th, or for the 1988-89 school year by September 15, 1988, whichever is later, the parent shall submit the completed IHIP form to the school district. The district shall provide assistance in preparation of the forms, if requested by the parents.
(3) Within 10 business days of receipt of the IHIP, or by August 31st, or for the 1988-89 school year by September 30, 1988, whichever is later, the school district shall either notify the parents that the IHIP complies with the requirements of subdivisions (d) and (e) of this section or shall give the parents written notice of any deficiency in the IHIP.
(4) Within 15 days of receipt of a notice of a deficiency in the IHIP, or by September 15th, or for the 1988-89 school year by October 15, 1988, whichever is later, the parents shall submit a revised IHIP which corrects any such deficiencies.
(5) The superintendent of schools shall review the revised IHIP and shall notify the parents as to whether the revised IHIP complies with subdivisions (d) and (e) of this section within 15 days of receipt of the revised IHIP or by September 30th, or for the 1988-89 school year by October 31, 1988, whichever is later. If the revised IHIP is determined not to be in compliance with subdivisions (d) and (e) of this section, then the parents shall be notified in writing of the reasons for such determination. Such notice shall also contain the date of the next regularly scheduled meeting of the board of education that will be held at least 10 days after the date of mailing of the notice, and shall indicate that if the parents wish to contest the determination of noncompliance, the parents must so notify the board of education at least three business days prior to such meeting. At such board meeting, the parents shall have the right to present proof of compliance, and the board of education shall make a final determination of compliance or noncompliance.
(6) The parents shall have the right to appeal any such final school district determination of noncompliance to the Commissioner of Education within 30 days after receipt of such determination.
(7) When administrative review of a school district determination of noncompliance is completed, the parents shall immediately provide for the instruction of their children at a public school or elsewhere in compliance with Education Law, sections 3204 and 3210. For purposes of this subdivision, such administrative review shall be deemed to be completed when one of the following events has occurred:
(i) the parents have failed to contest a determination of noncompliance by appealing to the board of education;
(ii) the parents have failed to appeal a final school district determination of noncompliance to the Commissioner of Education; or
(iii) the parents have received a decision of the Commissioner of Education which upholds a final school district determination of noncompliance.
(8) Within 10 days after administrative review of the determination of noncompliance is completed, the parents shall furnish the superintendent of schools with written notice of the arrangements they have made to provide their children with the required instruction, except that such notice shall not be required if the parents enroll their children in a public school.
(d)
Content of IHIP.
Each child's IHIP shall contain:
(1) the child's name, age and
grade level;
(2) a list of the syllabi, curriculum materials, textbooks or plan of instruction to be used in each of the required subjects listed in subdivision (e) of this section;
(3) the dates for submission to the school district of the parents' quarterly reports as required in subdivision (g) of this section. These reports shall be spaced in even and logical periods;
(4) the names of the individuals providing instruction; and
(5) a statement that the child will be meeting the compulsory educational requirements of Education Law, section 3205 through full-time study at a degree-granting institution, meaning enrollment for at least 12 semester hours in a semester or its equivalent, if that is the case. In this situation, the IHIP shall identify the degree-granting institution and the subjects to be covered by that study.
(e)
Required Courses.
(1) For purposes of this subdivision,
a unit means 6,480 minutes of instruction per school year.
(2) Instruction in the following
subjects shall be required:
(i) For grades one through six:
arithmetic, reading, spelling, writing, the English language,
geography, United States history, science, health education,
music, visual arts, physical
education, bilingual education and/or English as a second language
where the need is indicated.
(ii) For grades seven and eight:
English (two units); history and geography (two units); science
(two units); mathematics (two units); physical education (on
a regular basis); health education (on a regular basis); art
(one-half unit); music (one-half unit); practical arts (on a
regular basis); and library skills (on a regular basis). The
units required herein are cumulative requirements for both grades
seven and eight.
(iii) The following courses shall
be taught at least once during the first eight grades: United
States history, New York State history, and the Constitutions
of the United States and New York State.
(iv) For grades 9 through 12:
English (four units); social studies (four units), which includes
one unit of American history, one-half unit in participation
in government, and one- half unit of economics; mathematics (two
units); science (two units); art and/or music (one unit); health
education (one-half unit); physical education (two units); and
three units of electives. The units required herein are cumulative
requirements for grades 9 through 12.
(v) Education Law, sections 801,
804, 806 and 808, also require the following subjects to be covered
during grades kindergarten through 12:
(a) patriotism and citizenship;
(b) health education regarding
alcohol, drug and tobacco misuse;
(c) highway safety and traffic
regulations, including bicycle safety; and
(d) fire and arson prevention and safety.
(f)
Attendance Requirements.
Each child shall attend upon instruction
as follows:
(1) The substantial equivalent
of 180 days of instruction shall be provided each school year.
(2) The cumulative hours of instruction
for grades 1 through 6 shall be 900 hours per year. The cumulative
hours of instruction for grades 7 through 12 shall be 990 hours
per year.
(3) Absences shall be permitted
on the same basis as provided in the policy of the school district
for its own students.
(4) Records of attendance shall
be maintained by the parent and shall be made available to the
school district upon request.
(5) Instruction provided at a
site other than the primary residence of the parents shall be
provided in a building which has not been determined to be in
violation of the local building code.
(g)
Quarterly Reports.
On or before the dates specified by the parent in the IHIP,
a quarterly report for each child shall be furnished by the parent
to the school district. The quarterly report shall contain the
following:
(1) the number of hours of instruction
during said quarter;
(2) a description of the material
covered in each subject listed in the IHIP;
(3) either a grade for the child
in each subject or a written narrative evaluating the child's
progress; and
(4) a written explanation in the event that less than
80 percent of the amount of the course materials as set forth
in the IHIP planned for that quarter has been covered in any
subject.
(h)
Annual Assessment.
At the time of filing the fourth quarterly report as specified
in the IHIP, the parent shall also file an annual assessment
in accordance with this subdivision. The annual assessment shall
include the results of a commercially published norm referenced
achievement test which meets the requirements of paragraph (1)
of this subdivision, or an alternative form of evaluation which
meets the requirements of paragraph (2) of this subdivision.
(1) Commercially published norm-referenced
achievement tests.
(i) The test shall be selected
by the parent from one of the following: the Iowa Test of Basic
Skills, the California Achievement Test, the Stanford Achievement
Test, the Comprehensive Test of Basic Skills, the Metropolitan
Achievement Test, a State Education Department test, or another
test approved by the State Education Department.
(ii) The test shall be administered
in accordance with one of the following options, to be selected
by the parents:
(a) at the public school, by its professional
staff; or
(b) at a registered nonpublic school, by its professional
staff, provided that the consent of the chief school officer
of the nonpublic school is obtained;
(c) at a non-registered nonpublic school, by its professional
staff, provided that the consent of the superintendent of schools
of the school district and of the chief school officer of the
nonpublic school is obtained; or
(d) at the parents' home or at any other reasonable location,
by a New York State-certified teacher or by another qualified
person, provided that the superintendent has consented to having
said certified teacher or other person administer the test.
(iii) The test shall be scored
by the persons administering the test or by other persons who
are mutually agreeable to the parents and the superintendent
of schools.
(iv) The test shall be provided
by the school district upon request by the parent, provided that
the cost of any testing facilities, transportation, and/or personnel
for testing conducted at a location other than the public school
shall be borne by the parent.
(v) If a score on a test is determined
to be inadequate, the program shall be placed on probation pursuant
to subdivision (i) of this section. A student's score shall be
deemed adequate if:
(a) the student has a composite
score above the 33rd percentile on national norms; or
(b) the student's score reflects one academic year of
growth as compared to a test administered during or subsequent
to the prior school year.
(2) Alternative evaluation methods.
An alternative form of evaluation shall
be permitted to be chosen by the parent only as follows:
(i) for grades one through three,
a written narrative prepared by a person specified in subparagraph
(iii) of this paragraph;
(ii) for grades four through
eight, a written narrative prepared by a person specified in
subparagraph (iii) of this paragraph. This alternative form of
evaluation may be used no more often than every other school
year for these grades;
(iii) for the purposes of this
paragraph, the person who prepares the written narrative shall
be a New York State-certified teacher, a home instruction peer
group review panel, or other person, who has interviewed the
child and reviewed a portfolio of the child's work. Such person
shall certify either that the child has made adequate academic
progress or that the child has failed to make adequate progress.
In the event that such child has failed to make adequate progress,
the home instruction program shall be placed on probation pursuant
to subdivision (i) of this section. The certified teacher, peer
review panel or other person shall be chosen by the parent with
the consent of the superintendent. Any resulting cost shall be
borne by the parent.
(3) If a dispute arises between
the parents and the superintendent of schools, including disputes
over the administration of the commercially published norm-referenced
achievement test or the use of alternative evaluation methods,
the parents may appeal to the board of education. If the parents
disagree with the determination of the board of education, the
parents may appeal to the Commissioner of Education within 30
days of receipt of the board's final determination.
(i) Probation.
(1) If a child's annual assessment
fails to comply with the requirements of subdivision (h) of this
section, the home instruction program shall be placed on probation
for a period of up to two school years. The parent shall be required
to submit a plan of remediation which addresses the deficiencies
in the child's achievement, and seeks to remedy said deficiencies.
The plan shall be reviewed by the school district. The school
district may require the parents to make changes in the plan
prior to acceptance.
(2) If after the end of any semester
of the probationary period, the child progresses to the level
specified in the remediation plan, then the home instruction
program shall be removed from probation. If the child does not
attain at least 75 percent of the objectives specified in the
remediation plan at the end of any given semester within the
period of probation, or if after two years on probation 100 percent
of the objectives of the remediation plan have not been satisfied,
the superintendent of schools shall provide the parents with
the notice specified in paragraph (c)(5) of this section and
the board of education shall review the determination of noncompliance
in accordance with such paragraph, except that consent of the
parents to such review shall not be required.
(3) If, during the period of
probation, the superintendent of schools has reasonable grounds
to believe that the program of home instruction is in substantial
noncompliance with these regulations, the superintendent may
require one or more home visits. Such home visit(s) shall be
made only after three days' written notice. The purpose of such
visit(s) shall be to ascertain areas of noncompliance with these
regulations and to determine methods of remediating any such
deficiencies. The home visit(s) shall be conducted by the superintendent
or by the superintendent's designee. The superintendent may include
members of a home instruction peer review panel in the home visit
team.
Regulation
Revisions
Subparagraph (iii) of paragraph (2)
of subdivision (h) of section 100.10 of the Regulations of the
Commissioner of Education has been revised to clarify that the
person who prepares a written narrative as an alternative evaluation
method must certify either that the child has made adequate academic
progress or has not and that the home instruction program will
be placed on probation if the child has not made adequate progress.
Paragraph (3) of subdivision (h) of
section 100.10 has been revised to indicate that disputes between
the parents and the superintendent of schools, including disputes
over the administration of norm-referenced achievement test or
the use of alternative evaluation methods, may be appealed to
the board of education.
April 14, 2005
---------------------------------------
Important (2/25/05): In September 2004, the New
York State Board of Regents adopted an amendment to section 100.10
of Commissioner's regulations relating to the home instruction
of students of compulsory school age who wish to attend college
on a full-time basis.
The amendment:
- requires students of compulsory school age who have yet to
complete a four-year high school program and who seek to enroll
in full-time college study to submit to the college verification
from the school district of residence that the student will be
meeting the compulsory education requirements through full-time
college study. This verification must be in the form of an approved
Individualized Home Instruction Plan (IHIP) that includes the
full-time college study.
- permits school district residents, including home instructed
students, to take five specific Regents examinations or approved
alternative examinations for the purpose of meeting the preliminary
education requirement for earning a college degree, applicable
to students beyond compulsory school age.
- repeals the requirement that a student present satisfactory
evidence of a preliminary education of at least a four-year high
school course or its equivalent before beginning college degree
study. This requirement was in conflict with the Commissioner's
Regulation that permitted a student to earn a high school equivalency
diploma through completing 24 semester hours as a recognized
candidate for a college degree.
Other Resources for this Law
Home
Instruction in New York State
Listed here are some pertinent facts about home instruction in
New York State under Section 100.10 of the Regulations of the
New York State Commissioner of Education.
Return to New York homeschooling
information.
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