New York Education Code for Homeschooling

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(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

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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.

Home Instruction Questions and Answers
Are parents required to meet with school officials? Must a district respond to a letter of intent? May parents engage a tutor to provide home instruction? Must parents file a health inspection report or fire inspection report? Must home instruction take place on days and during the times of day when school is in session? These and more questions answered by the NYSED.

New York State Homeschooling Regulations Simplified
Careen Schroeder has simplified the New York State Homeschooling Requirements for parents who reside (or plan on residing) in the state of New York and are interested in homeschooling.

Return to New York homeschooling information.