A09091 Summary:

COSPNSRCook, Woerner, Peoples-Stokes, Jean-Pierre, Hyndman
MLTSPNSRMagee, Robinson, Skartados, Thiele
Amd §§3210 & 3602-c, add §3229, Ed L
Establishes procedures related to home instruction to assist school authorities and parents.
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A09091 Actions:

01/25/2016referred to education
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A09091 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 25, 2016
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Education
        AN ACT to amend the education law, in relation to home instruction
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph d of subdivision 2 of section 3210 of the educa-
     2  tion law is amended to read as follows:
     3    d. Exception. In applying the foregoing requirements a minor  required
     4  to  attend upon full time day instruction by the provisions of this part
     5  [one of this article] may be permitted to attend for  a  shorter  school
     6  day  or  for a shorter school year or for both, provided, [in accordance
     7  with the regulations of the state education department,] the instruction
     8  he or she receives has been approved by the school authorities as  being
     9  substantially  equivalent  in amount and quality to that required by the
    10  provisions of this part [one of this article].  Home  instruction  of  a
    11  minor  that  is  conducted in accordance with section three thousand two
    12  hundred twenty-nine of this part shall be deemed  to  comply  with  this
    13  section  and  subdivision two of section three thousand two hundred four
    14  of this part.
    15    § 2. The education law is amended by adding a new section 3229 to read
    16  as follows:
    17    § 3229. Home instruction. The purpose of this section is to  establish
    18  procedures to assist school authorities in fulfilling their responsibil-
    19  ity under subdivision two of section three thousand two hundred four and
    20  paragraph d of subdivision two of section three thousand two hundred ten
    21  of  this  part and to assist parents who exercise their right to provide
    22  required instruction at  home  to  such  students  in  fulfilling  their
    23  responsibilities  pursuant  to subdivision two of section three thousand
    24  two hundred twelve of this part.   Compliance with this  section  demon-
    25  strates  the competency of the instructor and verifies that the instruc-
    26  tion being provided at home to students of compulsory school  attendance
    27  age  is  substantially  equivalent  as  required  by  subdivision two of
    28  section three thousand two hundred four of  this  part.  Notwithstanding
    29  any  other  provision  of  law, to the extent that any provision of this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9091                             2

     1  section is inconsistent with any other local law,  rule  or  regulation,
     2  the provisions of this section shall govern and be controlling.
     3    1. Notice of intention to instruct at home.
     4    a.  Except  as  otherwise provided in paragraph b of this subdivision,
     5  parents or other persons in parental relation to a student of compulsory
     6  school attendance age shall  annually  provide  written  notice  to  the
     7  superintendent of schools of their school district of residence of their
     8  intention  to  educate  their child at home by July first of each school
     9  year. The school year begins July first and ends June thirtieth for  all
    10  purposes  within  this  section. The central office of homeschooling may
    11  receive the notice of intent  and  other  such  documentation  for  home
    12  instruction students who reside within New York city.
    13    b.  Parents who determine to commence home instruction after the start
    14  of the school year, or who establish residence in  the  school  district
    15  after  the  start  of  the  school year, shall provide written notice of
    16  their intention to educate their child  at  home  within  fourteen  days
    17  following  the  commencement  of  home  instruction  within  the  school
    18  district.
    19    2. Procedures for development and review  of  an  individualized  home
    20  instruction plan (IHIP).
    21    a.  Within ten business days of the receipt of the notice of intention
    22  to instruct at home, the school district shall send  to  the  parents  a
    23  copy  of  this  section  and a form on which to submit an individualized
    24  home instruction plan (IHIP) for each child of compulsory attendance age
    25  who is to be taught at home.
    26    b. Within four weeks of the receipt of such materials,  or  by  August
    27  fifteenth,  whichever is later, the parent shall submit a completed IHIP
    28  to the school district. The district shall provide assistance in  prepa-
    29  ration of the forms, if requested by the parents. The parents may submit
    30  the  IHIP  on  the school district form or on another form that includes
    31  the required information.
    32    c. Within ten business days of receipt of the IHIP, or by August thir-
    33  ty-first, whichever is later, the school district  shall  either  notify
    34  the  parents  in writing that the IHIP complies with the requirements of
    35  subdivisions three and four of this section or shall  give  the  parents
    36  written notice of any deficiency in the IHIP.
    37    d.  Within  fifteen days of receipt of a notice of a deficiency in the
    38  IHIP, or by September fifteenth, whichever is later, the  parents  shall
    39  submit a revised IHIP which corrects any such deficiencies.
    40    e.  The  superintendent  of  schools shall review the revised IHIP and
    41  shall notify the parents in writing  as  to  whether  the  revised  IHIP
    42  complies with subdivisions three and four of this section within fifteen
    43  days of receipt of the revised IHIP or by September thirtieth, whichever
    44  is later. If the revised IHIP is determined not to be in compliance with
    45  subdivisions  three  and four of this section, then the parents shall be
    46  notified in writing of the reasons for such determination.  Such  notice
    47  shall  also  contain the date of the next regularly scheduled meeting of
    48  the board of education that will be held at least  ten  days  after  the
    49  date  of  mailing  of the notice, and shall indicate that if the parents
    50  wish to contest the determination of noncompliance, the parents must  so
    51  notify the board of education at least three business days prior to such
    52  meeting.  At  such  board  meeting,  the parents shall have the right to
    53  present proof of compliance, and the board of  education  shall  make  a
    54  final determination of compliance or noncompliance.

        A. 9091                             3
     1    f.  The  parents  shall have the right to appeal any such final school
     2  district determination of noncompliance to the commissioner within thir-
     3  ty days after receipt of such determination.
     4    g.  When  administrative  review of a school district determination of
     5  noncompliance is completed, the parents shall  immediately  provide  for
     6  the  instruction  of  their  children at a public school or elsewhere in
     7  compliance with sections three thousand two hundred four and three thou-
     8  sand two hundred ten of this part. For  purposes  of  this  subdivision,
     9  such  administrative  review shall be deemed to be completed when one of
    10  the following events has occurred:
    11    (1) the parents have failed to contest a determination  of  noncompli-
    12  ance by appealing to the board of education;
    13    (2) the parents have failed to appeal a final school district determi-
    14  nation of noncompliance to the commissioner; or
    15    (3)  the  parents  have  received a decision of the commissioner which
    16  upholds a final school district determination of noncompliance.
    17    h. Within ten days after administrative review of the determination of
    18  noncompliance is completed, the parents shall furnish the superintendent
    19  of schools with written notice of the arrangements  they  have  made  to
    20  provide  their  children with the required instruction, except that such
    21  notice shall not be required if the parents enroll their children  in  a
    22  public school.
    23    3.  Content  of  individualized  home  instruction  plan  (IHIP). Each
    24  child's IHIP shall contain:
    25    a. The child's name, age and grade level;
    26    b. A list of the syllabi, curriculum materials, textbooks or  plan  of
    27  instruction to be used in each of the required subjects listed in subdi-
    28  vision four of this section; and
    29    c. The names of the individuals providing instruction.
    30    If  the home instruction student will be meeting the compulsory educa-
    31  tional requirements of section three thousand two hundred five  of  this
    32  part  through  full-time study at a degree-granting institution then the
    33  IHIP shall identify the degree-granting institution and the subjects  to
    34  be  covered.  For  the  purpose of this subdivision full-time study at a
    35  degree-granting institution shall mean enrollment for  at  least  twelve
    36  semester hours in a semester.
    37    4.  Required  courses.    a.  For purposes of this subdivision, a unit
    38  means the instructional equivalent of sixty-four hundred eighty  minutes
    39  of instruction per school year.
    40    b. Instruction in the following subjects shall be required:
    41    (1)  for  grades one through six: arithmetic, reading, spelling, writ-
    42  ing, the English language, geography, United  States  history,  science,
    43  health  education,  music,  visual  arts,  physical education, bilingual
    44  education and/or English as a second language where the  need  is  indi-
    45  cated.
    46    (2)  for  grades  seven  and  eight:  English (two units); history and
    47  geography (two units); science (two  units);  mathematics  (two  units);
    48  physical  education (on a regular basis); health education (on a regular
    49  basis); art (one-half unit); music (one-half unit); practical arts (on a
    50  regular basis); and library skills  (on  a  regular  basis).  The  units
    51  required  in  this  subparagraph  are  cumulative  requirements for both
    52  grades seven and eight.
    53    (3) the following courses shall be taught at  least  once  during  the
    54  first  eight  grades: United States history, New York state history, and
    55  the constitutions of the United States and New York state.

        A. 9091                             4
     1    (4) for grades nine  through  twelve:  English  (four  units);  social
     2  studies  (four units), which includes one unit of American history, one-
     3  half unit in participation in government, and one-half unit  of  econom-
     4  ics; mathematics (two units); science (two units); art and/or music (one
     5  unit); health education (one-half unit); physical education (two units);
     6  and  three  units  of electives. The units required in this subparagraph
     7  are cumulative requirements for grades nine through twelve.
     8    (5) the following subjects are to be covered during grades  kindergar-
     9  ten through twelve:
    10    (i) patriotism and citizenship;
    11    (ii) health education regarding alcohol, drug and tobacco misuse;
    12    (iii)  highway safety and traffic regulations, including bicycle safe-
    13  ty; and
    14    (iv) fire and arson prevention and safety.
    15    5. Attendance requirements. Each child shall attend  upon  instruction
    16  as  follows:  the  substantial  equivalent of one hundred eighty days of
    17  instruction shall be provided each school year. The cumulative hours  of
    18  instruction  for  grades one through six shall be nine hundred hours per
    19  year. The cumulative hours  of  instruction  for  grades  seven  through
    20  twelve  shall  be  nine hundred ninety hours per year. Absences shall be
    21  permitted on the same basis as provided in  the  policy  of  the  school
    22  district for its own students. Records of attendance shall be maintained
    23  by  the  parent  and shall be made available to the school district upon
    24  request. Instruction provided at a site other than the primary residence
    25  of the parents shall be provided in a building which has not been deter-
    26  mined to be in violation of the local building code.
    27    6. Quarterly reports. On or before the date specified by the parent in
    28  the IHIP, a quarterly report for each child shall be  furnished  by  the
    29  parent  to  the  school district. The quarterly report shall contain the
    30  following:
    31    a. the number of hours of instruction during said quarter;
    32    b. a description of the material covered in each subject listed in the
    33  IHIP;
    34    c. either a grade for the child in each subject or a written narrative
    35  evaluating the child's progress; and
    36    d. a written explanation in the event that less than eighty percent of
    37  the amount of the course materials as set forth in the IHIP planned  for
    38  that quarter has been covered in any subject.
    39    7.  Annual  assessment.  The parent shall file an annual assessment in
    40  accordance with this subdivision by July thirtieth.  The annual  assess-
    41  ment  shall  include the results of a commercially published norm-refer-
    42  enced achievement test which meets the requirements of  paragraph  a  of
    43  this  subdivision,  or an alternative form of evaluation which meets the
    44  requirements of paragraph b of this subdivision.
    45    a. Commercially published norm-referenced achievement tests.
    46    (1) the test shall be selected by the parent from one of  the  follow-
    47  ing:  a  nationally  standardized  achievement  test,  a state education
    48  department test, or another test approved by the state education depart-
    49  ment.
    50    (2) the test shall be administered  in  accordance  with  one  of  the
    51  following options, to be selected by the parents:
    52    (i) at the public school, by its professional staff;
    53    (ii)  at  a  registered  nonpublic  school, by its professional staff,
    54  provided that the consent of the chief school officer of  the  nonpublic
    55  school is obtained;

        A. 9091                             5
     1    (iii)  at a nonregistered nonpublic school, by its professional staff,
     2  provided that the consent of the chief school officer of  the  nonpublic
     3  school is obtained; or
     4    (iv)  at  the  parents' home or at any other reasonable location, by a
     5  New York state-certified teacher or by another qualified person. A qual-
     6  ified person is anyone who has met  the  test  publisher's  criteria  to
     7  administer the test.
     8    (3)  the  test  shall  be  scored  by  a testing service chosen by the
     9  parent.
    10    (4) the test shall be provided by the school district upon request  by
    11  the  parent, provided that the cost of any testing facilities, transpor-
    12  tation, and/or personnel for testing conducted at a location other  than
    13  the public school shall be borne by the parent.
    14    (5)  if  a score on a test is determined to be inadequate, the program
    15  shall be placed on probation  pursuant  to  subdivision  eight  of  this
    16  section.  A student's score shall be deemed adequate if: the student has
    17  a composite score above the twenty-third percentile on  national  norms;
    18  or  the student's score reflects one academic year of growth as compared
    19  to a test administered during or subsequent to the prior school year.
    20    b. Alternative evaluation methods. An alternative form  of  evaluation
    21  shall  be  permitted to be chosen by the parent only as follows: (1) for
    22  grades one through three, a written narrative prepared by a person spec-
    23  ified in this paragraph; (2) for grades four through twelve,  a  written
    24  narrative  prepared by a person specified in this paragraph. This alter-
    25  native form of evaluation may be used no more  often  than  every  other
    26  school  year  for  these grades; (3) for the purposes of this paragraph,
    27  the person who prepares the written narrative shall be a New York state-
    28  certified teacher, a home instruction peer group review panel, or  other
    29  person,  who  has  interviewed the child and reviewed a portfolio of the
    30  child's work. Such person shall certify either that the child  has  made
    31  adequate academic progress or that the child has failed to make adequate
    32  progress.  In  the  event  that  such  child has failed to make adequate
    33  progress, the home instruction program  shall  be  placed  on  probation
    34  pursuant  to  subdivision  eight of this section. The certified teacher,
    35  peer review panel or other person shall be chosen  by  the  parent.  Any
    36  resulting cost shall be borne by the parent.
    37    c.  If  a dispute arises between the parents and the superintendent of
    38  schools, including disputes over the administration of the  commercially
    39  published  norm-referenced  achievement  test  or the use of alternative
    40  evaluation methods, the parents may appeal to the board of education. If
    41  the parents disagree with the determination of the board  of  education,
    42  the parents may appeal to the commissioner within thirty days of receipt
    43  of the board's final determination.
    44    8.  Probation.  a. If a child's annual assessment fails to comply with
    45  the requirements of this subdivision, the home instruction program shall
    46  be placed on probation for a period of  up  to  two  school  years.  The
    47  parent shall be required to submit a plan of remediation which addresses
    48  the  deficiencies  in  the child's achievement, and seeks to remedy such
    49  deficiencies. The plan shall be reviewed by  the  school  district.  The
    50  school  district  may  require  the  parents to make changes in the plan
    51  prior to acceptance.
    52    b. If after the end of any semester of the  probationary  period,  the
    53  child  progresses  to  the level specified in the remediation plan, then
    54  the home instruction program shall be removed  from  probation.  If  the
    55  child  does  not  attain at least seventy-five percent of the objectives
    56  specified in the remediation plan at the end of any given semester with-

        A. 9091                             6
     1  in the period of probation, or if  after  two  years  on  probation  one
     2  hundred  percent of the objectives of the remediation plan have not been
     3  satisfied, the superintendent of schools shall provide the parents  with
     4  notice  and  the  board  of  education shall review the determination of
     5  noncompliance in accordance with this paragraph, except that consent  of
     6  the parents to such review shall not be required.
     7    9.  Letter  of substantial equivalency.   The resident school district
     8  shall certify in writing when a student taught  at  home  has  completed
     9  their  home  instruction  program  in compliance with this section. This
    10  letter shall verify compliance with  this  section  and  that  the  home
    11  instruction program was therefore substantially equivalent in compliance
    12  with  subdivision two of section three thousand two hundred four of this
    13  part.  Any student who completes a home instruction program before  they
    14  turn  twenty-one  can  request  this  letter  from their resident school
    15  district. Each school district must maintain the documentation necessary
    16  to verify completion of the home instruction program for six years.
    17    § 3. Subdivision 2-c of section 3602-c of the education law, as  added
    18  by chapter 217 of the laws of 2008, is amended to read as follows:
    19    2-c. Solely for the purpose of the provision of education for students
    20  with  disabilities pursuant to this section and the computation of state
    21  aid for such education pursuant to section  thirty-six  hundred  two  of
    22  this  article,  a student in a home instruction program submitted by his
    23  or her parent or person in parental relation for review pursuant to [the
    24  regulations of the commissioner]  section  three  thousand  two  hundred
    25  twenty-nine  of this article shall be deemed to be a student enrolled in
    26  and attending a nonpublic school eligible to receive  services  pursuant
    27  to  subdivision two of this section; provided that such student is enti-
    28  tled to attend the public schools without payment of tuition pursuant to
    29  subdivision one of section thirty-two hundred two of  this  chapter  and
    30  has  an individualized home instruction plan that has been determined by
    31  the superintendent of schools of the school district in which  the  home
    32  school  is  located  to  be  in  compliance  with the regulations of the
    33  commissioner. The deadlines for submission of written requests  for  the
    34  education  of students with disabilities set forth in subdivision two of
    35  this section shall apply to students  in  a  home  instruction  program,
    36  except that such request may be submitted within thirty days of a change
    37  in  the  student's  school  district  of  residence;  provided  that for
    38  services in the two thousand eight--two thousand nine school  year  only
    39  such  written  requests for students in a home instruction program shall
    40  be submitted by June thirtieth, two thousand  eight,  or  within  thirty
    41  days  after the effective date of [this subdivision] chapter two hundred
    42  seventeen of the laws of two thousand eight, whichever is later,  except
    43  where  subdivision  two  of  this section or this subdivision authorizes
    44  submission at a later date.  Except as provided in this  subdivision,  a
    45  home  school  shall  not  be considered a nonpublic school for any other
    46  purpose under this chapter.
    47    § 4. This act shall take effect on the first of July  next  succeeding
    48  the date on which it shall have become a law.
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