STATE OF NEW YORK
________________________________________________________________________
4788
2015-2016 Regular Sessions
IN SENATE
April 17, 2015
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07873-01-5
S. 4788 2
1 age is substantially equivalent as required by subdivision two of
2 section three thousand two hundred four of this part. Notwithstanding
3 any other provision of law, to the extent that any provision of this
4 section is inconsistent with any other local law, rule or regulation,
5 the provisions of this section shall govern and be controlling.
6 1. Notice of intention to instruct at home.
7 a. Except as otherwise provided in paragraph b of this subdivision,
8 parents or other persons in parental relation to a student of compulsory
9 school attendance age shall annually provide written notice to the
10 superintendent of schools of their school district of residence of their
11 intention to educate their child at home by July first of each school
12 year. The school year begins July first and ends June thirtieth for all
13 purposes within this section. The central office of homeschooling may
14 receive the notice of intent and other such documentation for home
15 instruction students who reside within New York city.
16 b. Parents who determine to commence home instruction after the start
17 of the school year, or who establish residence in the school district
18 after the start of the school year, shall provide written notice of
19 their intention to educate their child at home within fourteen days
20 following the commencement of home instruction within the school
21 district.
22 2. Procedures for development and review of an individualized home
23 instruction plan (IHIP).
24 a. Within ten business days of the receipt of the notice of intention
25 to instruct at home, the school district shall send to the parents a
26 copy of this section and a form on which to submit an individualized
27 home instruction plan (IHIP) for each child of compulsory attendance age
28 who is to be taught at home.
29 b. Within four weeks of the receipt of such materials, or by August
30 fifteenth, whichever is later, the parent shall submit a completed IHIP
31 to the school district. The district shall provide assistance in prepa-
32 ration of the forms, if requested by the parents. The parents may submit
33 the IHIP on the school district form or on another form that includes
34 the required information.
35 c. Within ten business days of receipt of the IHIP, or by August thir-
36 ty-first, whichever is later, the school district shall either notify
37 the parents in writing that the IHIP complies with the requirements of
38 subdivisions three and four of this section or shall give the parents
39 written notice of any deficiency in the IHIP.
40 d. Within fifteen days of receipt of a notice of a deficiency in the
41 IHIP, or by September fifteenth, whichever is later, the parents shall
42 submit a revised IHIP which corrects any such deficiencies.
43 e. The superintendent of schools shall review the revised IHIP and
44 shall notify the parents in writing as to whether the revised IHIP
45 complies with subdivisions three and four of this section within fifteen
46 days of receipt of the revised IHIP or by September thirtieth, whichever
47 is later. If the revised IHIP is determined not to be in compliance with
48 subdivisions three and four of this section, then the parents shall be
49 notified in writing of the reasons for such determination. Such notice
50 shall also contain the date of the next regularly scheduled meeting of
51 the board of education that will be held at least ten days after the
52 date of mailing of the notice, and shall indicate that if the parents
53 wish to contest the determination of noncompliance, the parents must so
54 notify the board of education at least three business days prior to such
55 meeting. At such board meeting, the parents shall have the right to
S. 4788 3
1 present proof of compliance, and the board of education shall make a
2 final determination of compliance or noncompliance.
3 f. The parents shall have the right to appeal any such final school
4 district determination of noncompliance to the commissioner within thir-
5 ty days after receipt of such determination.
6 g. When administrative review of a school district determination of
7 noncompliance is completed, the parents shall immediately provide for
8 the instruction of their children at a public school or elsewhere in
9 compliance with sections three thousand two hundred four and three thou-
10 sand two hundred ten of this part. For purposes of this subdivision,
11 such administrative review shall be deemed to be completed when one of
12 the following events has occurred:
13 (1) the parents have failed to contest a determination of noncompli-
14 ance by appealing to the board of education;
15 (2) the parents have failed to appeal a final school district determi-
16 nation of noncompliance to the commissioner; or
17 (3) the parents have received a decision of the commissioner which
18 upholds a final school district determination of noncompliance.
19 h. Within ten days after administrative review of the determination of
20 noncompliance is completed, the parents shall furnish the superintendent
21 of schools with written notice of the arrangements they have made to
22 provide their children with the required instruction, except that such
23 notice shall not be required if the parents enroll their children in a
24 public school.
25 3. Content of individualized home instruction plan (IHIP). Each
26 child's IHIP shall contain:
27 a. The child's name, age and grade level;
28 b. A list of the syllabi, curriculum materials, textbooks or plan of
29 instruction to be used in each of the required subjects listed in subdi-
30 vision four of this section; and
31 c. The names of the individuals providing instruction.
32 If the home instruction student will be meeting the compulsory educa-
33 tional requirements of section three thousand two hundred five of this
34 part through full-time study at a degree-granting institution then the
35 IHIP shall identify the degree-granting institution and the subjects to
36 be covered. For the purpose of this subdivision full-time study at a
37 degree-granting institution shall mean enrollment for at least twelve
38 semester hours in a semester.
39 4. Required courses. a. For purposes of this subdivision, a unit
40 means the instructional equivalent of sixty-four hundred eighty minutes
41 of instruction per school year.
42 b. Instruction in the following subjects shall be required:
43 (1) for grades one through six: arithmetic, reading, spelling, writ-
44 ing, the English language, geography, United States history, science,
45 health education, music, visual arts, physical education, bilingual
46 education and/or English as a second language where the need is indi-
47 cated.
48 (2) for grades seven and eight: English (two units); history and
49 geography (two units); science (two units); mathematics (two units);
50 physical education (on a regular basis); health education (on a regular
51 basis); art (one-half unit); music (one-half unit); practical arts (on a
52 regular basis); and library skills (on a regular basis). The units
53 required in this subparagraph are cumulative requirements for both
54 grades seven and eight.
S. 4788 4
1 (3) the following courses shall be taught at least once during the
2 first eight grades: United States history, New York state history, and
3 the constitutions of the United States and New York state.
4 (4) for grades nine through twelve: English (four units); social
5 studies (four units), which includes one unit of American history, one-
6 half unit in participation in government, and one-half unit of econom-
7 ics; mathematics (two units); science (two units); art and/or music (one
8 unit); health education (one-half unit); physical education (two units);
9 and three units of electives. The units required in this subparagraph
10 are cumulative requirements for grades nine through twelve.
11 (5) the following subjects are to be covered during grades kindergar-
12 ten through twelve:
13 (i) patriotism and citizenship;
14 (ii) health education regarding alcohol, drug and tobacco misuse;
15 (iii) highway safety and traffic regulations, including bicycle safe-
16 ty; and
17 (iv) fire and arson prevention and safety.
18 5. Attendance requirements. Each child shall attend upon instruction
19 as follows: the substantial equivalent of one hundred eighty days of
20 instruction shall be provided each school year. The cumulative hours of
21 instruction for grades one through six shall be nine hundred hours per
22 year. The cumulative hours of instruction for grades seven through
23 twelve shall be nine hundred ninety hours per year. Absences shall be
24 permitted on the same basis as provided in the policy of the school
25 district for its own students. Records of attendance shall be maintained
26 by the parent and shall be made available to the school district upon
27 request. Instruction provided at a site other than the primary residence
28 of the parents shall be provided in a building which has not been deter-
29 mined to be in violation of the local building code.
30 6. Annual assessment. The parent shall file an annual assessment in
31 accordance with this subdivision by July thirtieth. The annual assess-
32 ment shall include the results of a commercially published norm-refer-
33 enced achievement test which meets the requirements of paragraph a of
34 this subdivision, or an alternative form of evaluation which meets the
35 requirements of paragraph b of this subdivision.
36 a. Commercially published norm-referenced achievement tests.
37 (1) the test shall be selected by the parent from one of the follow-
38 ing: a nationally standardized achievement test, a state education
39 department test, or another test approved by the state education depart-
40 ment.
41 (2) the test shall be administered in accordance with one of the
42 following options, to be selected by the parents:
43 (i) at the public school, by its professional staff;
44 (ii) at a registered nonpublic school, by its professional staff,
45 provided that the consent of the chief school officer of the nonpublic
46 school is obtained;
47 (iii) at a nonregistered nonpublic school, by its professional staff,
48 provided that the consent of the chief school officer of the nonpublic
49 school is obtained; or
50 (iv) at the parents' home or at any other reasonable location, by a
51 New York state-certified teacher or by another qualified person. A qual-
52 ified person is anyone who has met the test publisher's criteria to
53 administer the test.
54 (3) the test shall be scored by a testing service chosen by the
55 parent.
S. 4788 5
1 (4) the test shall be provided by the school district upon request by
2 the parent, provided that the cost of any testing facilities, transpor-
3 tation, and/or personnel for testing conducted at a location other than
4 the public school shall be borne by the parent.
5 (5) if a score on a test is determined to be inadequate, the program
6 shall be placed on probation pursuant to subdivision seven of this
7 section. A student's score shall be deemed adequate if: the student has
8 a composite score above the twenty-third percentile on national norms;
9 or the student's score reflects one academic year of growth as compared
10 to a test administered during or subsequent to the prior school year.
11 b. Alternative evaluation methods. An alternative form of evaluation
12 shall be permitted to be chosen by the parent only as follows: (1) for
13 grades one through three, a written narrative prepared by a person spec-
14 ified in this paragraph; (2) for grades four through twelve, a written
15 narrative prepared by a person specified in this paragraph. This alter-
16 native form of evaluation may be used no more often than every other
17 school year for these grades; (3) for the purposes of this paragraph,
18 the person who prepares the written narrative shall be a New York state-
19 certified teacher, a home instruction peer group review panel, or other
20 person, who has interviewed the child and reviewed a portfolio of the
21 child's work. Such person shall certify either that the child has made
22 adequate academic progress or that the child has failed to make adequate
23 progress. In the event that such child has failed to make adequate
24 progress, the home instruction program shall be placed on probation
25 pursuant to subdivision seven of this section. The certified teacher,
26 peer review panel or other person shall be chosen by the parent. Any
27 resulting cost shall be borne by the parent.
28 c. If a dispute arises between the parents and the superintendent of
29 schools, including disputes over the administration of the commercially
30 published norm-referenced achievement test or the use of alternative
31 evaluation methods, the parents may appeal to the board of education. If
32 the parents disagree with the determination of the board of education,
33 the parents may appeal to the commissioner within thirty days of receipt
34 of the board's final determination.
35 7. Probation. a. If a child's annual assessment fails to comply with
36 the requirements of this subdivision, the home instruction program shall
37 be placed on probation for a period of up to two school years. The
38 parent shall be required to submit a plan of remediation which addresses
39 the deficiencies in the child's achievement, and seeks to remedy such
40 deficiencies. The plan shall be reviewed by the school district. The
41 school district may require the parents to make changes in the plan
42 prior to acceptance.
43 b. If after the end of any semester of the probationary period, the
44 child progresses to the level specified in the remediation plan, then
45 the home instruction program shall be removed from probation. If the
46 child does not attain at least seventy-five percent of the objectives
47 specified in the remediation plan at the end of any given semester with-
48 in the period of probation, or if after two years on probation one
49 hundred percent of the objectives of the remediation plan have not been
50 satisfied, the superintendent of schools shall provide the parents with
51 notice and the board of education shall review the determination of
52 noncompliance in accordance with this paragraph, except that consent of
53 the parents to such review shall not be required.
54 8. Letter of substantial equivalency. The resident school district
55 shall certify in writing when a student taught at home has completed
56 their home instruction program in compliance with this section. This
S. 4788 6
1 letter shall verify compliance with this section and that the home
2 instruction program was therefore substantially equivalent in compliance
3 with subdivision two of section three thousand two hundred four of this
4 part. Any student who completes a home instruction program before they
5 turn twenty-one can request this letter from their resident school
6 district. Each school district must maintain the documentation necessary
7 to verify completion of the home instruction program for six years.
8 § 3. Subdivision 2-c of section 3602-c of the education law, as added
9 by chapter 217 of the laws of 2008, is amended to read as follows:
10 2-c. Solely for the purpose of the provision of education for students
11 with disabilities pursuant to this section and the computation of state
12 aid for such education pursuant to section thirty-six hundred two of
13 this article, a student in a home instruction program submitted by his
14 or her parent or person in parental relation for review pursuant to [the
15 regulations of the commissioner] section three thousand two hundred
16 twenty-nine of this article shall be deemed to be a student enrolled in
17 and attending a nonpublic school eligible to receive services pursuant
18 to subdivision two of this section; provided that such student is enti-
19 tled to attend the public schools without payment of tuition pursuant to
20 subdivision one of section thirty-two hundred two of this chapter and
21 has an individualized home instruction plan that has been determined by
22 the superintendent of schools of the school district in which the home
23 school is located to be in compliance with the regulations of the
24 commissioner. The deadlines for submission of written requests for the
25 education of students with disabilities set forth in subdivision two of
26 this section shall apply to students in a home instruction program,
27 except that such request may be submitted within thirty days of a change
28 in the student's school district of residence; provided that for
29 services in the two thousand eight--two thousand nine school year only
30 such written requests for students in a home instruction program shall
31 be submitted by June thirtieth, two thousand eight, or within thirty
32 days after the effective date of [this subdivision] chapter two hundred
33 seventeen of the laws of two thousand eight, whichever is later, except
34 where subdivision two of this section or this subdivision authorizes
35 submission at a later date. Except as provided in this subdivision, a
36 home school shall not be considered a nonpublic school for any other
37 purpose under this chapter.
38 § 4. This act shall take effect on the first of July next succeeding
39 the date on which it shall have become a law.
