ATTENDANCE REQUIREMENTS - Each child shall attend upon instruction as follows: The substantial equivalent of 180 days of instruction shall be provided each school year. 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. Absences shall be permitted on the same basis as provided in the policy of the school district for its own students. Records of attendance shall be maintained by the parent and shall be made available to the school district upon request. 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. A student shall be exempted from the instructional day and/or hour requirement(s) set forth in paragraphs (1) and (2) of this subdivision where a home instruction program is unable to provide such instructional days and/or hours due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis provided that such home instruction provided continuity of learning for such student.

Part 100.10 of the New York State Commissioner's Regulation requires all home instructed students to submit an annual assessment at the conclusion of each school year.

 

Grades 1-3 may submit either results from a commercially published norm-referenced standardized achievement test or a approved alternative written narrative completed by a qualified person .

 

Grades 4-8 must submit results from a commercially published norm-referenced standardized achievement test at least every other year (or every year if you wish).  An approved alternative written narrative completed by a qualified person, may be submitted on alternating years only.  For example, if you do a narrative for grade 4, then you must submit results from a commercially published norm-referenced standardized achievement test for grade 5.

 

Grades 9-12 must submit results from a commercially published norm-referenced standardized achievement test every year.  

 

 

 

ANNUAL ASSESSMENT

Required: A norm-referenced standardized achievement test, or approved alternative that documents the level of achievement for each student, must be administered each year.

 

Due: Annual assessments are due with the fourth quarter report or as soon as the results are available.

 

Standardized Testing: Selected by Parents from the following:

▪ Iowa Test of Basic Skills

▪ California Achievement Test

▪ Comprehensive Test of Basic Skills

▪ Metropolitan Achievement Test

▪ Stanford Achievement Test

▪ Personal Achievement Summary System

▪ A State Education Department Test

▪ Another test approved by the State Education Department

 

Administration: Selected by Parents from the following:

▪ At the public school, by its professional staff

▪ At a registered nonpublic school, by its professional staff, with the prior consent of its school’s chief school officer.

▪ At a non-registered, nonpublic school, by its professional staff, with the prior consent of both the home district superintendent and the chief school officer of the nonpublic school.

▪ At a parent’s home, or any reasonable location, by a New York State certified teacher or other qualified person with the prior consent of the home district superintendent.

 

Scoring: The test shall be scored by the person administering the test or by other qualified persons mutually agreeable to the parents and the home district superintendent.

 

Costs: The cost of administration, including materials, facilities, personnel and transportation shall be borne by the parents.

 

Results: A student’s score shall be deemed adequate if the composite score is above the 33rd percentile on national norms, or reflects one academic year of growth compared to a test administered during or subsequent to the prior school year.

NOTE: A score below the 33rd percentile is considered inadequate and the program shall be placed on probation for a period of up to two years. A remediation plan is required for home school programs placed on probation and is required to be submitted prior to submitting the IHIP for the next school year.

 

 

ALTERNATIVE EVALUATIONS

A written narrative completed by a qualified person is permitted to be chosen by parents under the following conditions:

• Students must be in grades 1-3
• Students in grade 4-8 may be assessed by written narrative every other year only (i.e. grades 4, 6, 8 or grades 5, 7)

Administration: A qualified person such as a certified teacher or home instruction peer review panel may be chosen by the parent with the consent of the home district superintendent. A parent who has been identified as the home school instructor may also complete the narrative with the prior consent of the superintendent.

 

Results: The evaluator for a narrative assessment interviews the student and reviews a portfolio of their work. The portfolio should include a variety of work samples that demonstrate growth and achievement over the year in the curricular areas as outlined in the IHIP. The written narrative that is submitted should describe the work that has been observed, and certifies whether or not the student has made adequate academic progress.

NOTE: Such evaluations require planning. It is advisable to make decisions about the annual assessment early in the year so there is ample time to make arrangements and report such arrangements on the third quarterly report form.

 

 

ANNUAL TESTING RESOURCE LINKS

Home Instruction Annual Assessment Notification Form

Standardized Test Providers

Section 100.10(h)  Annual Assessment (highlighted in yellow)

 

REQUIRED COURSES

For purposes of this subdivision, a unit means 6,480 minutes of instruction 

per school year.

Instruction in the following subjects shall be required:

• Grades 1-6: 
  • Arithmetic
  • Reading
  • Spelling
  • Writing
  • 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.

• Grades 7 and 8: 
  • 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)
  • Library Skills (on a regular basis). 
• The units required herein are cumulative requirements for both grades seven and eight.

• The following courses shall be taught at least once during the first eight grades: 
  • United States History 
  • New York State History
  • Constitutions of the United States and New York State

• Grades 9-12: 
  • English (four units)
  • Social studies (four units) which includes
    • one unit of American History 
    • one-half unit in Participation in Government
    • 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)
  • Electives (three units)
• The units required herein are cumulative requirements for grades 9 through 12.
• Education Law, sections 801, 804, 806 and 808, also require the following subjects to be covered during grades kindergarten through 12:
  • Patriotism and Citizenship;
  • Health education regarding alcohol, drug and tobacco misuse;
  • Highway safety and traffic regulations, including bicycle safety
  • Fire and arson prevention and safety.
• A student shall be exempted from the unit of study requirement of paragraph (1) of this subdivision if such student is unable to meet such unit of study requirement due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis where such student otherwise achieves the learning outcomes for the portion of such unit of study completed.

 

 

 

Below are commonly used forms for home instruction.   PLEASE NOTE: These forms are included as a guide.  You may use these forms or you may use your own. Letter of Intent   IHIP Grades 1-6   IHIP Grades 7-8   IHIP Grades 9-12   Quarterly Report Grades 1-6   Quarterly Report Grades 7-8   Quarterly Report Grades 9-12   Annual Assessment Notification Form   Transcript for High School   IHIP Student Information Form    Home Instruction Information Packet

Home Instruction Information Packet Laws and Regulations   Information for Students Wishing to Attend College NYS Department of Education Home Instruction   NYS Commissioner's Regulation 100.10: Home Instruction NYS Standards and Curriculum   NYS Home Instruction Questions and Answers NYS Standardized Test Providers

ATTENTION ALL HOME INSTRUCTION FAMILIES

                         with children in

          NINTH THROUGH TWELFTH GRADES

 

Parents should be advised that students who are home schooled do NOT receive a graduation diploma and may not be entitled to the same benefits as children who attend and graduate with a diploma from a public or non-public school system. Some employers will not accept home instruction or a General Equivalency Diploma (GED) as being equivalent to a diploma issued by a school.  

 

If your child is in 9-12th grade you should be aware of the New York State Education Law regarding home instructed students who may want to attend a university or college in New York State. The law requires your child have a Letter of Equivalency signed by the Superintendent, or a GED diploma.

 

If your child turns 16 years old on or before July 1st of the new school year, legally you are no longer required to report to the district. However, if we do not have complete records for four years of high school education, we will be unable to grant a Letter of Equivalency. All the requirements of Part 100.10 of the New York State Commissioner’s Regulation must be fulfilled and all supporting documentation on file before the letter will be granted.

 

In order to receive a Letter of Equivalency, the following must be on file with your home district:

• Letter of Intent for all years the child is receiving instruction at home

• Individualized Home Instruction Plan (IHIP) covering instruction for grades 9-12

• Four quarterly reports for each year of high school; grades 9-12

• Annual Assessment – Commercially Published Norm-Referenced Achievement Test Results for grades 9-12

• Documentation (IHIP, Quarterly Reports) demonstrating that all the required courses for grades 9-12 have been successfully completed

 

The following contains a course guide for students requesting an Equivalency Letter.

 

If requesting a Letter of Equivalency, documentation must be on file to demonstrate the following course requirements have been fulfilled.

• List of courses required for an equivalent high school education:

1. • English - 4 units required
   • Social Studies - 4 units required
     • Must include: United States History, Participation in Government, Economics
   • Mathematics - 2 units required
   • Science - 2 units required
   • Arts and/or Music - 1 unit required
   • Health Education - 1/2 unit required
   • Physical Education - 2 units required
   • Electives - 3 units required

A college may request an academic transcript for your home schooled student. The district does not keep transcripts for home schooled students. It is your responsibility to supply the college with a transcript. 

 

 

Transcript for High School

The purpose of this page is to assist parents who exercise their right to provide required instruction at home to such students with fulfilling their responsibilities as defined under Education Law, section 3212(2).   Please see below for pertinent facts about home instruction and requirements for home instruction from the New York State Education Law: Part 100.10 Regulations.        COMPULSORY SCHOOL ATTENDANCE AGE Compulsory School Attendance Age refers to a period of educational attendance required of all students. If your child is 6 years old on or before Dec. 1st of the current school year, that child must receive educational instruction and all required homeschool documentation must be submitted. If your child is 16 years old on or after July 1st of the current school year, that child must receive educational instruction and all required home school documentation must be submitted for the entire year. PARENTS SHOULD BE ADVISED  That students who are home schooled do not receive a graduation diploma and may not be entitled to the same benefits as children who attend and graduate with a diploma from a public or non-public school system. Some employers will not accept home instruction or a General Equivalency Diploma (GED) as being equivalent to a diploma issued by a school.  Home-instructed students are not eligible to participate in interscholastic sports. Section 135.4(c)(7) of the Regulations of the Commissioner of Education, which governs interscholastic sports, directs that a participant in interscholastic sports must be enrolled in the school.  A district may, but is not obligated to , allow home-instructed students to participate in other school-sponsored club activities. Districts are not required to loan textbooks to home instructed-students. However, a school district may, if it wishes to, provide textbooks and other materials to students instructed at home. Students instructed at home may not participate in the instructional program of the school district. This is because the Legislature has not authorized part-time attendance. State law does not require any specific credentials for the person(s) providing home instruction. Primary responsibility for determining compliance with Section 100.10 rests with the superintendent of schools of the school district in which a home-instructed student resides. It is the parent’s responsibility to keep copies of all documentation submitted to the district. The district is not responsible for supplying copies of home school documentation to colleges or employers.   OVERVIEW OF RESPONSIBILITIES    The Parent or Guardian is required to: Submit to the home district superintendent a Letter of Intent to instruct at home by July 1 each year, or within 14 days of commencing home instruction.  This must be done every year.  Submit a separate, written Individual Home Instruction Plan (IHIP) for each child being instructed at home by August 15 or within four weeks of receiving a response to a letter of intent from the district, (whichever is later). A single set of documents may not be used for more than one child, a separate plan must be submitted for each child individually.  If notified that the IHIP submitted is not acceptable, a revised IHIP, with corrected deficiencies must be submitted within 15 days of notification, or by September 15, (whichever is later). Submit four Quarterly Reports on or before the dates specified by the parent or guardian in the IHIP. Submit a separate Annual Assessment at the time the fourth quarter report is submitted for each child being instructed at home. If notified that the achievement levels do not meet state minimums (composite score above the 33rd percentile on national norms), a remedial plan to correct deficiencies must be submitted with the IHIP for the next school year.     REQUIRED DOCUMENTS   NOTICE OF INTENTION TO HOME SCHOOL Required: Notification to instruct any child of compulsory school attendance age at home must be submitted to the home district. Children who have their birthday on or before December 1 are considered to be of compulsory age as of the preceding September. For students who turn 16 on or after July 1st, an Intent Letter must be submitted for the present school year.   Due: Intention Letters are due by July 1 or within 14 days of commencing instruction.   Content: The Intent Letter should include at least: Child’s Name Grade Date of Birth Address Telephone Number Names of Parents or Guardians   INDIVIDUAL HOME INSTRUCTION PLAN (IHIP) Required: A separate instruction plan for each child of compulsory school attendance age being instructed at home must be submitted to the home district.  NOTE: An IHIP is required for any child who reaches their 6th birthday on or before December 1st of the current school year. Any child that turns 16 within the school year, an IHIP must be submitted covering the entire year.   Due: August 15 or within four weeks of receiving a response to an intention letter from the school superintendent, (whichever is later).   Content: The IHIP should include at least:   Name, Age, and Grade Level The dates by which quarterly reports will be submitted to the district The names of individuals providing instruction A list of syllabi, curriculum materials, textbooks, or a plan of instruction to be used in each required subject. A table of contents from an appropriate textbook, or if available, a scope and sequence chart can be submitted if it describes the content that will be taught.                   QUARTERLY REPORTS Required: A quarterly report describing academic progress made by each child must be submitted by dates assigned in the IHIP.   Due: Quarterly reports are due on or before the dates assigned by the parent or guardian in the IHIP. Content: The quarterly reports should include at least: The total number of instruction hours completed during the quarter A written description of the materials covered for each subject listed on the IHIP during the quarter A grade or written narrative evaluating the child’s progress for each subject A written statement in the event that less than 80 percent of the amount of the course materials, asset forth in the IHIP planned for that quarter, has been covered in any subject.   ANNUAL ASSESSMENT Required: A norm-referenced standardized achievement test, or approved alternative that documents the level of achievement for each student, must be administered each year.   Due: Annual assessments are due with the fourth quarter report or as soon as the results are available.   Standardized Testing: Selected by Parents from the following: ▪ Iowa Test of Basic Skills ▪ California Achievement Test ▪ Comprehensive Test of Basic Skills ▪ Metropolitan Achievement Test ▪ Stanford Achievement Test ▪ Personal Achievement Summary System ▪ A State Education Department Test ▪ Another test approved by the State Education Department   Administration: Selected by Parents from the following: ▪ At the public school, by its professional staff ▪ At a registered nonpublic school, by its professional staff, with the prior consent of its school’s chief school officer. ▪ At a non-registered, nonpublic school, by its professional staff, with the prior consent of both the home district superintendent and the chief school officer of the nonpublic school.  ▪ At a parent’s home, or any reasonable location, by a New York State certified teacher or other qualified person with the prior consent of the home district superintendent.   Scoring: The test shall be scored by the person administering the test or by other qualified persons mutually agreeable to the parents and the home district superintendent.   Costs: The cost of administration, including materials, facilities, personnel and transportation shall be borne by the parents.   Results: A student’s score shall be deemed adequate if the composite score is above the 33rd percentile on national norms, or reflects one academic year of growth compared to a test administered during or subsequent to the prior school year. NOTE: A score below the 33rd percentile is considered inadequate and the program shall be placed on probation for a period of up to two years. A remediation plan is required for home school programs placed on probation and is required to be submitted prior to submitting the IHIP for the next school year.     ALTERNATIVE EVALUATIONS A written narrative completed by a qualified person is permitted to be chosen by parents under the following conditions: Students must be in grades 1-3 Students in grade 4-8 may be assessed by written narrative every other year only (i.e. grades 4, 6, 8 or grades 5, 7) Administration: A qualified person such as a certified teacher or home instruction peer review panel may be chosen by the parent with the consent of the home district superintendent. A parent who has been identified as the home school instructor may also complete the narrative with the prior consent of the superintendent. Results: The evaluator for a narrative assessment interviews the student and reviews a portfolio of their work. The portfolio should include a variety of work samples that demonstrate growth and achievement over the year in the curricular areas as outlined in the IHIP. The written narrative that is submitted should describe the work that has been observed, and certifies whether or not the student has made adequate academic progress. NOTE: Such evaluations require planning. It is advisable to make decisions about the annual assessment early in the year so there is ample time to make arrangements and report such arrangements on the third quarterly report form.

General 

1. Who is eligible to receive homebound instruction? 

A resident of the public school district enrolled in a public or nonpublic school is eligible for this service if qualified. Home instruction is a form of tutorial services, provided to public or nonpublic students, by the public school district of residence. These services are provided in accordance with Commissioner's Regulations 175.21 to students who are unable to attend their public or nonpublic school because of physical, mental, or emotional illness or injury. Parents requesting these services must comply with local board of education requirements to provide medical verification of the student’s inability to attend school for a time that exceeds the number of days required by the district (about 10 days). 

 

Tutorial services are also used by public schools to comply with compulsory education requirements (Education Law 3205) for students unable to attend school because they have been suspended. 

 

If the parents and public school are in disagreement concerning the validity of the medical reason provided for the student not to attend school, the parents should encourage and provide permission for their private physician to discuss his/her recommendations with the Public School Medical Director. Parents also have the right to ask that their child be evaluated by the public school for special education or Section 504 needs pursuant to the federal, Individuals with Disabilities Education Act (“IDEA”). Parents may appeal school practices to their board of education and then the Commissioner of Education that they believe to be unlawful. Educational laws and the Regulations of the Commissioner of Education may be reviewed at http://www.p12.nysed.gov/sss/lawsregs/. Directions for making an appeal to the Commissioner of Education are available at http://www.counsel.nysed.gov/appeals/. 

 

 

2. May a district require parents to register their child in the public school if they plan to provide home instruction? 

No. Parents are not required to register their child in the public school if they plan to provide home instruction. However, the parent, if requested, must demonstrate that the child resides within the school district and is of compulsory age. 

 

 

3. Are parents required to meet with school officials? 

No. School officials may request a meeting with parents to discuss the process of home schooling, but they may not deny parents the right to home instruct if the parents decline such a meeting. 

 

 

4. Must a district respond to a letter of intent? 

Yes. The district is obligated to reply within 10 business days of receiving the notice of intent by sending to the parents a copy of C.R. 100.10 and a form on which to submit an IHIP. 

 

 

5. May parents engage a tutor to provide home instruction? 

Yes. Parents may engage the services of a tutor to provide instruction for all or a portion of the home instruction program. 

 

 

6. May groups of parents provide home instruction collectively by engaging the services of a tutor to provide group instruction to their children? 

Parents providing home instruction to their children may arrange to have their children instructed in a group situation for particular subjects but not for a majority of the home instruction program. Where groups of parents organize to provide group instruction by a tutor for a majority of the instructional program, they are operating a nonpublic school and are no longer providing home instruction. Substantial equivalency of a nonpublic school program is not determined pursuant to Section 100.10 of the Regulations of the Commissioner. 

 

 

7. Must parents file a health inspection report or fire inspection report? 

No. This is not required in the case of home instruction.

 

 

8. Must home instruction take place on days and during the times of day when school is in session? 

Instruction at home is usually given within the general time-frame of the normal school day, but greater flexibility in scheduling is possible. For example, parents may choose to provide instruction on weekends or in the evening. The total amount of instructional time per week should be generally comparable to that of the public school. 

 

 

9. May a district require parents or tutors to produce credentials for home instruction? 

No. State law does not require any specific credentials for the person(s) providing home instruction.

 

 

10. What is a Home Instruction Worksheet? 

The Worksheet is provided as a model to assist districts in maintaining and keeping records on home instruction. Although the worksheet is an internal district document completed by school officials, it may be filled out in consultation with the parents, if appropriate. Some of the information on the Worksheet will be derived from the quarterly reports and the annual evaluation. 

 

 

11. Must the Home Instruction Worksheet be filled out by parents? 

No. The Worksheet is for internal district use. 

 

 

12. May students instructed at home by their parents take part in non-credit-bearing organized school activities such as clubs, sports, and intramurals? 

Commissioner's Regulation (CR) 135.4(c)(7) directs that a participant in interscholastic sports must be enrolled in the public school; CR 135.1 directs that a participant in intramurals must be enrolled in the public school; however, children educated other than at the public school may participate in school-sponsored club activities. It is recommended that each board of education establish a policy to this effect. 

 

 

13. May a student instructed at home participate in the school band and/or receive music lessons? 

If the district considers these activities to be extra-curricular, such a student may participate in the band and/or receive music lessons. It is recommended that the board of education establish a policy regarding participation in these activities.

 

 

14. May students instructed at home be allowed to use school facilities such as the library, career information center and gymnasium? 

Yes. Students may be allowed to use such school facilities provided that there is mutual agreement on the part of all involved parties. 

 

 

15. Must students instructed at home meet immunization requirements for in-school students? 

The provisions of Public Health Law Section 2164 which require parents to submit proof of immunization prior to admission of their children to a school do not apply to students being educated at home. If the Commissioner of Health notifies school officials of the outbreak of a disease for which immunization is required, however, parents of children on home instruction who seek to participate in testing or other activities on the premises of a public or nonpublic school must produce proof of immunization or the children must be denied access to the school building.

 

 

16. May parents or students on home instruction borrow instructional items from the public school such as library books, microscopes and movie projectors? 

Yes. Although a public school is not obligated by law to lend such items, it may allow parents or students to borrow available materials. 

 

 

17. Is a student instructed at home entitled to benefit from the loan programs (textbooks, library materials and computer software) available to students enrolled in nonpublic schools? 

A student instructed at home is not enrolled in a nonpublic school and, therefore, the district is not obligated to loan those items which a district is required to provide, by statute, to children attending nonpublic schools. Although not required, a school district may offer such loans to the extent available. 

 

 

18. Is the school district required to furnish health services to students on home instruction? 

No. The district is not required to furnish health services. 

 

 

19. Is the district responsible for providing remedial programs for students instructed at home? 

No. The district is not responsible for providing remedial programs for these students. 

 

 

20. May a student instructed at home participate in the instructional program of the school district?

The legislature has not authorized part-time attendance and, therefore, a student instructed at home may not participate in the instructional program of the school district. 

 

 

21. May a district provide dual enrollment services under Section 3602-c to students instructed at home? 

No. 

 

 

22. Does a school district obtain State aid for students instructed at home by their parents? 

School districts cannot claim State aid for students instructed at home. 

 

 

23. How should school officials deal with the grade placement of a student who has been instructed at home and subsequently enters the public school? 

As with any other transfer, the principal of the school determines the appropriate grade placement of the student. 

 

 

24. Does a home-instructed student earn high school credits for completing the course work specified in the IHIP? 

Credit is given only by schools. It is recommended that when a home-instructed student transfers from a high school program into a school that the principal of the school award credit on the basis of assessment or evidence that the student has successfully completed the course work. 

 

 

25. May a student instructed at home be awarded a local or Regents diploma? 

No. A high school diploma may only be awarded only to a student enrolled in a registered secondary school who has completed all program requirements set by the Regents, the school or the district. 

 

 

26. Is a K-8 school district responsible for a high school student on home instruction? 

Yes. The district of residence retains responsibility for the student's education but is encouraged to consult with the receiving high school on the adequacy of the IHIP, quarterly reports and the annual assessment. 

 

 

27. Is a student instructed at home eligible to participate in summer school programs operated by the public school district? 

Yes. Summer school programs are open to all residents of the district.

 

 

28. May a superintendent apply for a variance under Commissioner's Regulation 100.2(n) to enable a parent to implement a program designed to provide excellence in education? 

Yes. A superintendent may apply for a variance for a home instruction program. 

 

 

29. Under what circumstances is a home instruction program placed on probation? 

As described below, the circumstances depend upon the option selected by the parents for complying with the annual assessment requirement of subdivision (h) of Section 100.10 of the Regulations of the Commissioner. 

•  If parents submit test scores for an achievement test, the program will be placed on probation only if the composite score of the student is below the thirty-third percentile on national norms or the score fails to reflect one academic year of growth when compared to a prior test. The student's score on individual test subscores should not be considered in determining whether the program should be placed on probation. 

• If parents submit a written narrative, the program will be placed on probation only if the evaluator certifies that the student has not made adequate academic progress. 

30. Under what circumstances may a school district require home visits? 

A school district may require home visits, upon three days' written notice to the parents, only when the home instruction program is on probation. Under any other circumstances, a school official may request a home visit but a parent would not be required to consent to the request. 

 

 

31. If parents provide instruction at home to more than one child and the program for one child is placed on probation, must the programs for other children in the family be placed on probation? 

No. Each child's achievement is evaluated separately. A situation may arise where one child's program is on probation, and yet one or more other children in the same family are making adequate progress so that their programs would not be placed on probation. 

 

 

32. How should a district maintain records on students instructed at home? 

It is recommended that the district complete a Worksheet for each student to place in the student's file along with the current IHIP, quarterly reports and annual evaluation information. A notation on the student's permanent record card should indicate the period during which the student is on home instruction. 

 

 

33. How long should a district retain records on a home-instructed student?

There is no legal obligation specified in this matter. To the extent that records are kept, it is recommended that an annual Worksheet for each student be kept until six years after the student would have graduated from high school. 

 

 

34. Should parents maintain records on students instructed at home? 

Parents are required to keep attendance records for each student, but there is no legal obligation for them to maintain any other records. It is recommended that parents keep evidence of their programs and their children's achievement and correspondence with the school district. 

 

 

35. If a student instructed at home is unable to read adequately or find employment following completion of educational requirements as defined within the compulsory education laws, can the school district be held liable? 

No. As a matter of public policy, the highest court in New York State has declined to recognize a cause of action for educational malpractice. Where the board of education and superintendent of schools make good faith efforts to implement the requirements of Section 100.10 of the Regulations, there should not be a basis for liability under current law. 

 

Individualized Home Instruction Plan (IHIP) 

36. Are parents required to submit more than a list of textbooks in the IHIP to comply with the requirements of subdivision (d) of Section 100.10? 

The IHIP must include for each of the required courses either a list of syllabi, curriculum materials and textbooks to be used or a plan of instruction to be followed. A different alternative may be used for different subjects. While a list of textbooks may be submitted, it is reasonable for the district to require more than the name, publisher, copyright date and author's name if the district is not familiar with the textbook's content. If the district requests additional information beyond the list of textbooks, the parents may, at their option, submit either a written scope and sequence describing the text or a copy of the text for the district's review (which copy shall be promptly returned to the parents). The purpose of such review is not to compare the text with those employed by the district, but rather: 1) to insure that the parent is providing the mandated subjects for the grade level in question, and 2) to provide the district with more complete information to assist its review of quarterly reports and annual assessments.

 

 

37. When the IHIP is submitted by the parents, does the school district have the responsibility to make a subjective judgment of the substantial equivalency of the home instruction program? 

No. The purpose of these regulations is to provide a basis for objective determinations of substantial equivalence. IHIP submissions are to be evaluated to determine compliance with subdivisions (d) and (e) of Section 100.10. Quarterly reports are to be evaluated to determine compliance with subdivision (g). Annual assessments must comply with the requirements of subdivision (h). A home instruction program that adheres to the standards of the regulations at each stage of the process should be deemed to be substantially equivalent. 

 

 

38. Must the parents indicate on the IHIP what will be taught and the total time of instruction? 

The IHIP must include a list of the syllabi, curriculum materials, or plan of instruction to be used in each of the subjects required for that grade level. The total number of hours of instruction per quarter must be documented on the quarterly report. It is recommended that, in the secondary grades, hours per subject be included in each quarterly report. 

 

 

39. When must a student begin to receive instruction? 

Education Law 3205 clarifies the age at which a student is subject to compulsory education. The law now requires children who turn six on or before December 1 to receive instruction from the start of the school year in September of that year. Children who turn six after December 1 must begin to receive instruction no later than the first day of school the following September. ( The board of education of the Syracuse city school district, the board of education of the city school district of the city of New York, the board of education of the city school district of the city of Rochester, the board of education of the city school district of the city of Utica, the board of education of the city school district of the city of Buffalo and the board of education of the city school district of the city of Yonkers are authorized to require minors who are five years of age on or before December first to attend kindergarten instruction. However, this provision does not apply to: minors whose parents elect not to enroll their children in school until the following September; and students enrolled in non-public schools or in an approved home instruction program.) 

 

 

40. Must the IHIP for a six-year-old indicate that the instruction is on the first grade level?

 No. As with any age, instruction should be geared to the level appropriate to the student's needs and previous level of achievement. 

 

 

41. Are students instructed at home required to take a second language? 

No. They are not required to take a second language, but they may choose to study a second language. 

 

 

42. Is physical education required? 

Yes. Every student must have a physical education program. Activities may differ but outcomes should be similar to those established for students in the public school. 

 

 

43. Must the topics proposed for study in each subject correspond to the material covered in the public school curriculum? 

While the subjects required by Law and Regulation must be taught, the course content may differ.

 

 

44. If a student reaches the maximum age for compulsory attendance during the school year, must the IHIP for that student cover the full year? 

Yes. Students who turn 16 (or 17 in New York City) between July 1 and June 30 are of compulsory attendance age during the entire school year. 

 

 

45. Is a district required to review a IHIP for a student beyond compulsory attendance age? 

No. 

 

 

46. Can a district require parents to provide more information on the IHIP than the Regulations of the Commissioner require? 

No. A district may require only that information set forth in subdivision (d) of Section 100.10 of the Regulations of the Commissioner. 

 

 

47. May a superintendent find a program of home instruction deficient, if he/she concludes that the student needs socialization or interaction with other children? 

No. This is not a basis for finding a program of home instruction deficient.

 

 

48. Must home instruction for a student of limited English proficiency include instruction in the English language? 

Yes. Home instruction for such a student must include instruction in the English language. 

 

49. Are parents instructing their children at home required to teach courses which involve education about substance abuse, AIDS, human sexuality and family planning? 

Parents are required to provide health education at all grade levels. Section 804 of the Education Law requires that such health education include instruction to discourage the misuse and abuse of alcohol, tobacco and other drugs. Section 135.3(b) of the Regulations of the Commissioner of Education requires that the elementary and secondary health education curriculum include age appropriate instruction concerning the nature, methods of transmission and methods of prevention of the acquired immune deficiency syndrome (AIDS). Parents must address the topic of AIDS as a part of the required health instruction at least once in grades K-6, once in grades 7-8 and once in grades 9-12. Parents may include instruction on human sexuality and family planning as part of their children's health education, but are not required to do so. 

 

 

50. If a parent wanted to duplicate a home school program that is similar to the diploma requirements of public school students where would they look to find the requirements? 

http://www.p12.nysed.gov/part100/pages/1005.html 

 

 

51. Must a district notify parents that the IHIP is in compliance with C.R. 100.10? 

Yes. The district is obligated to notify parents that the IHIP is in compliance. It is strongly recommended that such notification be in writing. 

 

 

52. Must a board of education approve the IHIP? 

No. The superintendent of schools is responsible for reviewing the IHIP and notifying the parents of its status. 

 

 

53. When is the board of education involved in the process? 

If the superintendent of schools determines that a revised IHIP is not in compliance and the parents contest that determination, the parents may meet with the board to present evidence of compliance. The board then makes its determination of compliance or noncompliance.

 

 

54. If the board finds that an IHIP is not in compliance, do the parents have the right to appeal? 

Yes. The parents may appeal a determination of noncompliance by the board to the Commissioner of Education within 30 days of receiving notice of the determination. 

 

 

55. Must the parents of a student instructed at home file an IHIP with the district if the student is enrolled in a correspondence school? 

Yes. The obligation to file an IHIP does not depend on the source of material used but rather on the location of the student's instruction. The board of education is responsible for ensuring that any student of compulsory age living within the district is receiving an adequate program of instruction. The parents and the district must comply with C.R. 100.10 even if the supplier of the curriculum materials considers the student to be enrolled in its school or program. 

 

 

56. Does the State Education Department approve programs of home instruction provided by correspondence schools? 

No. The State Education Department does not perform this function. Correspondence school materials for home instruction must be reviewed by the superintendent of schools. 

Evaluation 

 

 

57. When should parents inform the school district of their choice of a standardized test or alternative evaluation method? 

No date is specified in the regulation but it is recommended that parents provide this information by the end of the third quarterly reporting period. 

 

 

58. When is it necessary for parents to obtain the consent of the school district if they are using a norm-referenced achievement test for the annual assessment? 

• If the parents are having the student tested at a registered nonpublic school, the consent of the public school district is not required. 

• If the parents are having the student tested at the public school, the testing should be done at the time of the school's own testing program, unless a mutually agreeable alternative is reached. The district should give the parents several weeks' notice of the dates for this testing.

• If the parents are having the student tested at another location, the school district is required to review, and (if in agreement) consent to the parents' selection of the test administrator. 

59. Are students instructed at home required to take any State tests such as the PEP tests or RCTs? 

No. These tests may be used to meet annual assessment requirements, but home-instructed students are not required to take them. 

 

 

60. Which State tests suffice for an annual assessment? 

Commercially published norm-referenced achievement tests used for evaluation purposes are listed in Commissioners Regulation 100.10. 

• 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. 

• The New York State Education Department has also approved use of the Personalized Achievement Summary System (PASS) test available through Hewitt Homeschooling as an acceptable commercially published norm-referenced achievement test for the purposes of annual assessment under CR100.10(h)(1)(i). 

At this time, there is no process in place to request evaluation and approval of any other tests for this purpose. 

 

 

61. If parents instructing their children at home choose to use PEP tests or RCTs as a part of their annual evaluation, should the school district include their scores with the scores of the public school students? 

No. 

 

 

62. Can parents of a fourth-grader opt for an alternative form of evaluation? 

Yes. Alternative forms of evaluation may be used every other year for pupils in grades 4 though 8. Thus, grade 4 could be the first year in this pattern.

 

 

63. Must the district administer tests during the school year to home-instructed students? 

No. The district is not obligated to administer any tests unless the student is referred to the Committee on Special Education for evaluation. 

 

 

64. May a student instructed at home take Regents examinations? 

Yes. If a request is made, school officials are encouraged to admit a student receiving home instruction to Regents examinations. If a Regents examination has a lab requirement, the student may be admitted to the examination if there is evidence that the student has met the lab requirement. The IHIP, quarterly reports and/or verification from the student's teacher can provide such evidence. 

 

Regents examinations may only be administered at the public school or registered nonpublic school because they are secure examinations. The test results can be helpful to the student and also to public school officials. 

 

 

65. If parents want to use one of the standardized tests listed in the home instruction regulation but not used by the school district, who orders and who pays for it? 

If the parent chooses to use a test that has not been ordered for use in the public schools of the district, the school district, upon request of the parent, would order the test. The parent would, however, pay for the cost of procuring it. 

 

 

66. May a parent administer a standardized test or prepare the written narrative of assessment? 

Yes. With the consent of the superintendent, a parent may perform these actions. 

 

 

67. What is a home instruction peer review panel and what is its function under the regulations? 

A home instruction peer review panel is an advisory group of home instructing parents who prepare a written narrative of a student's achievement. Members of such a panel may be chosen by the parent with the consent of the superintendent. 

 

 

68. What action should be taken by the district if parents do not submit any evaluation?

If phone calls or letters do not elicit the information, the district should notify parents by registered mail that the evaluation is due and set a reasonable date for its submission. If the information is not forthcoming, the district is without evidence that instruction has been taking place. In that case, the district would be obligated to report the case to the central registry as a case of suspected educational neglect. 

 

 

Commencement of Home Instruction During the School Year 

69. May a district refuse to consider a parent's request for home instruction if it occurs during the school year? 

No. The district must respond to a letter of intent and to the submission of an IHIP at any time during the school year. 

 

 

70. If home instruction begins during the normal school year, which timelines apply? 

The regulation specifies that parents who decide to begin home instruction or parents who move into the district after the start of the school year must file a letter of intent within 14 days of beginning home instruction within the district. 

 

From that point on, the usual timelines apply: 

• Within 10 business days of receiving the letter, the district must furnish the parent with a copy of C.R. 100.10 and an IHIP form for each child. 

• Within 4 weeks of receiving it, the parent must submit the completed IHIP to the district.

• Within 10 business days of receiving the IHIP, the district must notify the parent whether it complies with the requirements of the regulation or give written notice of any deficiency. 

• Within 15 days of receiving a notice of deficiency, the parent must submit a revised IHIP which corrects the deficiencies. 

• Within 15 days of receiving the revised IHIP, the district must notify the parent as to whether it complies with the regulation.

 

71. If home instruction begins during the school year, when should parents schedule quarterly reports to the district? 

The number of reports should be proportional to the period of home instruction. For example, if instruction begins at about the end the first reporting period in the public school, the parent would schedule three reports during the remainder of the year. 

 

 

College Entrance 

72. If home-instructed students cannot be awarded local or Regents high school diplomas, how can they gain entrance to colleges? 

First, please note that seeking admission to college is entirely a choice that students make, and successfully gaining admission to college is entirely the responsibility of home-instructed students and their parents. It is not the responsibility of the State Education Department or the local public school district to secure college admission for home-instructed students. 

 

Second, colleges set their own admissions requirements. These requirements vary from college to college. The burden, therefore, is on home-instructed students (and their parents) to seek and acquire information on the admissions requirements of the colleges of their choice. The burden is also on home-instructed students (and their parents) to convince colleges to accept them. Because of this, home-instructed students (and their parents) may wish to seek information regarding the admissions requirements of the colleges of their choice well in advance of the actual application for admission. 

 

Third, Listed below are some suggested strategies for home-instructed students (and their parents) to consider using to help them gain entrance to colleges. Consideration can be given to using a combination of these strategies. Please note that there is no guarantee that following any or all of the strategies listed below will ensure a home-instructed student's admission to any college. Again, if home-instructing students choose to pursue admission to college, they (and their parents) are fully responsible for this. 

Suggested Strategies 

• A portfolio of the student's work, demonstrating its breadth and depth, might be developed over time. This portfolio can be shared with college admissions personnel to demonstrate the student's capabilities.

• If a home-instructed student has taken Regents exams at the pubic school of residence, he/she can request the public school district to produce, on school letterhead, a list of the exams taken, the date on which they were taken, and the score the student earned. This list of Regents exam scores can be shared with college admissions personnel. 

• Home-instructed students can take the Scholastic Aptitude Test (SAT) and/or other standardized tests used for college admissions purposes. Scores on these tests can be shared with college admissions personnel. Home-instructed students should contact their public school district about arrangements for taking the Scholastic Aptitude Test and/or achievement examinations offered by the College Board or the American College Testing Service. 

• If the student is beyond the age of compulsory education, and has completed a program of home instruction in compliance with Section 100.10 of the Regulations of the Commissioner of Education, he/she can request that the superintendent of schools of the public school district of residence attest to this, in writing, on district letterhead. This can be shared with college admissions personnel. Please note, however, that the superintendent of schools may, but is under no obligation to, attest to this. 

• Home-instructed students can take the GED exam, when they have reached eligibility to do so. Students passing the GED exam can share their General Equivalency Diplomas with college admissions personnel.