Set Homeschooling Rules

Section 1. Paragraph d of subdivision 2 of section 3210 of the education law is amended to read as follows:

d. Exception. In applying the foregoing requirements a minor required to attend upon full time day instruction by the provisions of this part [one of this article] may be permitted to attend for a shorter school day or for a shorter school year or for both, provided, [in accordance with the regulations of the state education department,] the instruction he or she receives has been approved by the school authorities as being substantially equivalent in amount and quality to that required by the provisions of this part [one of this article]. Home instruction of a minor that is conducted in accordance with section three thousand two hundred twenty-nine of this part shall be deemed to comply with this section and subdivision two of section three thousand two hundred four of this part.

§ 2. The education law is amended by adding a new section 3229 to read as follows:

§ 3229. Home instruction. The purpose of this section is to establish procedures to assist school authorities in fulfilling their responsibility under subdivision two of section three thousand two hundred four and paragraph d of subdivision two of section three thousand two hundred ten of this part and to assist parents who exercise their right to provide required instruction at home to such students in fulfilling their responsibilities pursuant to subdivision two of section three thousand two hundred twelve of this part. Compliance with this section demonstrates the competency of the instructor and verifies that the instruc-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00647-01-7

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tion being provided at home to students of compulsory school attendance age is substantially equivalent as required by subdivision two of section three thousand two hundred four of this part. Notwithstanding any other provision of law, to the extent that any provision of this section is inconsistent with any other local law, rule or regulation, the provisions of this section shall govern and be controlling.

1. Notice of intention to instruct at home.

a. Except as otherwise provided in paragraph b 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 first of each school year. The school year begins July first and ends June thirtieth for all purposes within this section. The central office of homeschooling may receive the notice of intent and other such documentation for home instruction students who reside within New York city.

b. 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 fourteen days following the commencement of home instruction within the school district.

2. Procedures for development and review of an individualized home instruction plan (IHIP).

a. Within ten 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 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.

b. Within four weeks of the receipt of such materials, or by August fifteenth, whichever is later, the parent shall submit a completed IHIP to the school district. The district shall provide assistance in preparation of the forms, if requested by the parents. The parents may submit the IHIP on the school district form or on another form that includes the required information.

c. Within ten business days of receipt of the IHIP, or by August thirty-first, whichever is later, the school district shall either notify the parents in writing that the IHIP complies with the requirements of subdivisions three and four of this section or shall give the parents written notice of any deficiency in the IHIP.

d. Within fifteen days of receipt of a notice of a deficiency in the IHIP, or by September fifteenth, whichever is later, the parents shall submit a revised IHIP which corrects any such deficiencies.

e. The superintendent of schools shall review the revised IHIP and shall notify the parents in writing as to whether the revised IHIP complies with subdivisions three and four of this section within fifteen days of receipt of the revised IHIP or by September thirtieth, whichever is later. If the revised IHIP is determined not to be in compliance with subdivisions three and four 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 ten 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

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present proof of compliance, and the board of education shall make a final determination of compliance or noncompliance.

f. The parents shall have the right to appeal any such final school district determination of noncompliance to the commissioner within thirty days after receipt of such determination.

g. 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 sections three thousand two hundred four and three thousand two hundred ten of this part. For purposes of this subdivision, such administrative review shall be deemed to be completed when one of the following events has occurred:

(1) the parents have failed to contest a determination of noncompliance by appealing to the board of education;

(2) the parents have failed to appeal a final school district determination of noncompliance to the commissioner; or

(3) the parents have received a decision of the commissioner which upholds a final school district determination of noncompliance.

h. Within ten 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.

3. Content of individualized home instruction plan (IHIP). Each child's IHIP shall contain:

a. The child's name, age and grade level;

b. A list of the syllabi, curriculum materials, textbooks or plan of instruction to be used in each of the required subjects listed in subdivision four of this section; and

c. The names of the individuals providing instruction.

If the home instruction student will be meeting the compulsory educational requirements of section three thousand two hundred five of this part through full-time study at a degree-granting institution then the IHIP shall identify the degree-granting institution and the subjects to be covered. For the purpose of this subdivision full-time study at a degree-granting institution shall mean enrollment for at least twelve semester hours in a semester.

4. Required courses. a. For purposes of this subdivision, a unit means the instructional equivalent of sixty-four hundred eighty minutes of instruction per school year.

b. Instruction in the following subjects shall be required:

(1) 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.

(2) 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 in this subparagraph are cumulative requirements for both grades seven and eight.

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(3) 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.

(4) for grades nine through twelve: English (four units); social studies (four units), which includes one unit of American history, onehalf 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 in this subparagraph are cumulative requirements for grades nine through twelve.

(5) the following subjects are to be covered during grades kindergarten through twelve:

(i) patriotism and citizenship;

(ii) health education regarding alcohol, drug and tobacco misuse;

(iii) highway safety and traffic regulations, including bicycle safety; and

(iv) fire and arson prevention and safety.

5. Attendance requirements. Each child shall attend upon instruction as follows: the substantial equivalent of one hundred eighty days of instruction shall be provided each school year. The cumulative hours of instruction for grades one through six shall be nine hundred hours per year. The cumulative hours of instruction for grades seven through twelve shall be nine hundred ninety 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.

6. Quarterly reports. On or before the date 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:

a. the number of hours of instruction during said quarter;

b. a description of the material covered in each subject listed in the IHIP;

c. either a grade for the child in each subject or a written narrative evaluating the child's progress; and

d. a written explanation in the event that less than eighty percent of the amount of the course materials as set forth in the IHIP planned for that quarter has been covered in any subject.

7. Annual assessment. The parent shall file an annual assessment in accordance with this subdivision by July thirtieth. The annual assessment shall include the results of a commercially published norm-referenced achievement test which meets the requirements of paragraph a of this subdivision, or an alternative form of evaluation which meets the requirements of paragraph b of this subdivision.

a. Commercially published norm-referenced achievement tests.

(1) the test shall be selected by the parent from one of the following: a nationally standardized achievement test, a state education department test, or another test approved by the state education department.

(2) the test shall be administered in accordance with one of the following options, to be selected by the parents:

(i) at the public school, by its professional staff;

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(ii) at a registered nonpublic school, by its professional staff, provided that the consent of the chief school officer of the nonpublic school is obtained;

(iii) at a nonregistered nonpublic school, by its professional staff, provided that the consent of the chief school officer of the nonpublic school is obtained; or

(iv) at the parents' home or at any other reasonable location, by a New York state-certified teacher or by another qualified person. A qualified person is anyone who has met the test publisher's criteria to administer the test.

(3) the test shall be scored by a testing service chosen by the parent.

(4) 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.