Compulsory attendance is required for children ages 6 through 16. In New York, the boards of education in the Syracuse, New York City, Rochester, Utica, and Buffalo school districts are authorized to require children who are 5 years old on or before December 1 to attend kindergarten unless the parents elect not to enroll their child until the following September, or the child is enrolled in a non-public school or home instruction. New York local boards of education may require 16-and 17-year old students who are not employed to attend school until the last day of the school year in which the student turns 17.
Parents of students of compulsory school attendance age must submit written notice to the superintendent of schools of their school district of residence of their intention to educate their child at home by July 1 of each school year. If parents decide to commence home instruction after the start of the year, they must submit the written notice within 14 days. 8 CCR-NY 100.10.
Within 10 business days of receiving the parent's notice of intention, the school district must provide parents a copy of 8 CCR-NY 100.10 and a form to submit an individualized home instruction plan (IHIP). 8 CCR-NY 100.10.
The parent must submit a completed IHIP within four weeks of receiving the materials, or by August 15, whichever is later. If the parent needs assistance in preparing the forms, the district must provide it upon request. 8 CCR-NY 100.10.
The school district must notify the parent within 10 business days, or by August 31, whichever is later, whether or not the IHIP complies with state requirements. If the IHIP is found deficient, the school district must provide written notice of its deficiency. 8 CCR-NY 100.10.
If the IHIP is found deficient, the parent must submit a revised IHIP correcting the deficiency within 15 days of receiving notice of the deficiency or by September 15, whichever is later. 8 CCR-NY 100.10.
The IHIP must include the child's name, age, and grade level;
a list of the syllabi, curriculum materials, textbooks or plan of instruction to be used in each of the required subjects;
the dates for submission to the school district of the parents' quarterly reports;
the names of the individuals providing instruction;
and 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. 8 CCR-NY 100.10.
Required courses for grades one through six are arithmetic, reading, spelling, writing, the English language, geography, United States history, science, health education, music, visual arts, physical education, and bilingual education and/or English as a second language where the need is indicated. 8 CCR-NY 100.10 (e).
Required courses for grades seven and eight are English, history, geography, science, mathematics, physical education, health education, art, music, practical arts, and library skills. 8 CCR-NY 100.10 (e).
Required courses for grades nine through 12 are English; social studies, including American history, government, and economics; mathematics; science; art and/or music; health education; physical education; and three electives. 8 CCR-NY 100.10 (e).
All grades must cover the following subjects:
patriotism and citizenship;
health education regarding alcohol, drug and tobacco misuse;
highway safety and traffic regulations, including bicycle safety; and fire and arson prevention and safety. 8 CCR-NY 100.10 (e).
Instruction must be the substantial equivalent of 180 days each school year.
Cumulative hours of instruction are mandated as 900 hours for grades one through six and 990 hours for grades seven through 12. 8 CCR-NY 100.10 (f).
Parents must submit a quarterly report for each home-instructed child indicating the number of instructional hours during the quarter,
a description of material covered,
a grade in each subject or narrative of the child's progress,
and an explanation if less than 80 percent of the course materials set forth in the IHIP. 8 CCR-NY 100.10 (g).
With the filing of the fourth quarterly report, the parent must also file an annual assessment, which must include the results of a commercially published norm-reference achievement test or an alternative method listed in regulations of 8 CRR-NY 100.10 (h). 8 CRR-NY 100.10 (h).
If a child's annual assessment does not comply with the requirements of 8 CCR-NY 100.10 (h), the home instruction program will be put on probation and the parent must submit a remediation plan. If there are reasonable grounds to believe that the home instruction program is not in compliance with these regulations, the superintendent of schools can conduct or send a representative for a home visit after providing three days' written notice. 8 CRR-NY 100.10 (i).
Solely for the purpose of providing services to students with disabilities in a home instruction program, those students are considered nonpublic school students. N.Y. Edn. Law §3602-c (2-c).
A student is eligible to participate in interschool competition if the student is registered in the equivalent of three regular courses within 15 days of the beginning of the semester, is meeting the physical education requirement, and has been in regular attendance 80 percent of the school time. 8 CCR-NY 135.4 (c)(7)(ii)(b)(2).
New York State Education Department
89 Washington Avenue
Albany, NY 12234
Nonpublic and Private Schools: (518) 474-6541
Parents of, or persons in parental relation to, compulsory school age children have the legal right to instruct their children at home. If a child is being educated at home, the local school district must be assured that the child is receiving instruction in certain required courses/subjects.
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.
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.
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.
Within four weeks of the receipt of such materials, 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.
Within 15 days of receipt of a notice of a deficiency in the IHIP, the parents shall submit a revised IHIP which corrects any such deficiencies.
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.
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.
(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.
For purposes of this subdivision, a unit means 6,480 minutes of instruction per school year.
Instruction in the following subjects shall be required:
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.
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.
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.
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.
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.
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.
(6) A student shall be exempted from the instructional day and/or hour requirement(s) 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.
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,
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.
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 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;
(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 nonregistered 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.
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.
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.
If a score on a test is determined to be inadequate, the program shall be placed on probation. 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.
Alternative evaluation methods. An alternative form of evaluation shall be permitted to be chosen by the parent only as follows:
For grades one 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 grades four through eight.
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. 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.
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.
If a child's annual assessment fails to comply with the requirements, 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.
Parents may engage the services of a tutor to provide instruction for all or a portion of the home instruction program.
State law does not require any specific credentials for the person(s) providing home instruction.
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.
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. There is an exception for New York Special Education Services.
The principal of the school determines the appropriate grade placement of the student. 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.
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.
A student instructed at home is eligible to participate in summer school programs operated by the public school district.
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