HOME INSTRUCTION (HOME SCHOOLING) BY THE PARENT
Administrative Regulation #8480R
What is home schooling? Home schooling is educational instruction by the parents of a student. Parents are not required to register their child in the public school. They may be asked to verify district residency and compulsory age of their child. A meeting may be requested by the district to discuss the process of home schooling, but the district may not deny the parents the right to home school. The district must reply within 10 days of receiving the request to home school by sending the parents a copy of Commissioner’s Regulation Section 100.10 and a form for submitting the individualized home instruction plan (IHIP).
Who is eligible for home schooling? Any student whose parent(s) submit a letter of intent to home school is eligible. Special education services by a public school district to students with disabilities who are home schooled by parents are not authorized under IDEA or NYS law. The Committee on Special Education (CSE) of the public school district must, if parental consent is obtained, conduct an individual evaluation of a home schooled student who is suspected of having a disability and develop an IEP for such child. This would be the district’s offer of a free appropriate public education (FAPE) to the student if the parents choose to enroll their child in a public school. However, the parents of a home schooled student may refuse consent to an initial evaluation. If they do so or if they do not respond to a request for such consent, the school district may not seek to compel the parent to have their child evaluated to determine eligibility for special education services. (January 2008 State Education Department Memo).
What responsibilities do parents have when they provide home schooling? Parents are required to keep attendance and academic performance records for each child. The IHIP must include for each required course either a syllabi, curriculum materials and textbooks to be used OR a plan of instruction to be followed. The total number of hours of instruction per quarter must be documented on a quarterly report. At the time of filing the fourth quarterly report as specified in the IHIP, the parent must also submit an annual assessment. The annual assessment can occur in one of the following manners:
1. Registered nonpublic school - does not require consent by the district.
2. Public school – testing is done at the time of the school’s own testing program, unless a mutually agreeable alternative is reached.
3. Other location – school district is required to review and consent to the parent’s selection of the test administrator.
If a request is made, school officials are encouraged to admit a student receiving home schooling to Regents examinations. To participate in a Regents examination with a lab requirement, the parent must submit evidence that the student has met the lab requirement. Regents examinations can only be administered at the public school or registered nonpublic school.
If a parent wants to use one of the standardized tests listed in the home instruction regulations but not used by the district, the district upon request of the parent, shall order the test. The parent would pay for the cost of procuring the test. If it is used by the district, the test will be provided at no cost to the parent, but the cost of any testing facilities, transportation, and/or personnel for testing conducted at a location other than the public school will be borne by the parent.
What additional responsibilities does the district have? IHIPs must be submitted to the Office of Pupil Personnel Services for review and status notification to parents. Quarterly reports submitted to PPS must be evaluated to determine compliance to Section 100.10 (g). If it is determined that the IHIP is not in compliance, PPS will forward its recommendation to the Superintendent. If the parent contests the determination, they may meet with the Board of Education to present evidence of compliance. If the parents disagree with the Board of Education’s determination they may appeal to the Commissioner of Education within thirty days of receiving the determination.
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