(b) Notice of intention to instruct at home.
(c) Procedures for development and review of an individualized home instruction plan (IHIP).
Pursuant to sections 207, 3204, 3210, 3212, and 3234 of the Education Law
| Index to Regulations §100.10 |
The purpose of this section is to establish procedures to assist school authorities in fulfilling their responsibility under Education Law sections 3204 (2) and 3210 (2) (d) and in meeting their responsibility of determining the competency of the instructor and substantial equivalence of instruction being provided at home to students of compulsory attendance age, and to assist parents who exercise their right to provide required instruction at home to such students in fulfilling their responsibilities under Education Law section 3212 (2).
| Index to Regulations §100.10 |
(1) Except as otherwise provided in paragraphs (2) and (3) 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 1 and ends
June 30 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 in the community
school district in which the parents reside.
(2) 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.
| Index to Regulations §100.10 |
(1) 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 section 100.10 of the
Regulations of the Commissioner of Education and a form
on which to submit an IHIP for each child of compulsory
attendance age who is to be taught at home.
(2) Within 4 weeks of the receipt of such materials, or by
August 15, the parent shall submit the completed IHIP form
for the school district. The district shall provide
assistance in preparation of the forms, if requested by
the parents.
(3) Within 10 business days of receipt of the IHIP or by
August 31, the school district shall either notify the
parents that the IHIP complies with the requirements of
subdivisions (d) and (e) of this section or shall give
the parents written notice of any deficiency in the IHIP.
(4) Within 15 days of receipt of a notice of a deficiency in
the IHIP or by September 15, the parents shall submit a
revised IHIP which corrects any such deficiencies.
(5) 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 or by September 30.
If the revised IHIP is determined not to be in compliance
with subdivisions (d) and (e) 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 10 days after the
date of mailing of the notice, and shall indicate that if
the parents wish to contest the determination of non-
compliance, the parents must so notify the board of
education at least 3 business days prior to the meeting.
At such board meeting, the parents shall have the right to
present proof of compliance, and the board of education shall
make a final determination of compliance or non-compliance.
(6) The parents shall have the right to appeal any such final
school district determination of non-compliance to the
Commissioner of Education within 30 days after receipt of such
determination.
(7) When administrative review of a school district determination
of non-compliance is completed, the parents shall immediately
provide for the instruction of their children at a public
school or elsewhere in compliance with the Education Law
sections 3204 and 3210. For purposes of this subdivision, such
administrative review shall be deemed to be completed when one
of the following events have occurred;
(i) the parents have failed to contest a determination of
non-compliance by appealing to the board of education;
or
(ii) the parents have failed to appeal a final school board
district determination of non-compliance to the
Commissioner of Education; or
(iii) the parents have received a decision of the Commissioner
of Education which upholds a final school district
determination of non-compliance.
(8) Within 10 days after administrative review of the determination
of non-compliance 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.
| Index to Regulations §100.10 |
Each child's IHIP shall contain:
(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; and
(4) the names of the individuals providing instruction.
| Index to Regulations §100.10 |
(1) For purposes of this subdivision, a unit means 6,480 minutes
of instruction per school year.
(2) instruction in the following subjects shall be required.
(i) For grades 1 - 6: 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.
(ii) For grades 7 and 8:
English (2 units);
history and geography (2 units);
science (2 units);
mathematics (2 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 7 and 8.
(iii) 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.
(iv) For grades 9 through 12:
English (4 units);
social studies (4 units) which includes
one unit of American History,
one-half unit in participation government,
and one-half unit economics;
mathematics (2 units);
science (2 units);
art and/or music (1 unit);
health education (one-half unit);
physical education (2 units);
and three units of electives.
The units required herein are cumulative requirements
for grades 9 through 12.
(v) Education Law sections 801, 804, 806, 808 also require the
following subjects to be covered during grades K - 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.
| Index to Regulations §100.10 |
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 and 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.
| Index to Regulations §100.10 |
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% of
the amount of the course materials as set forth in the
IHIP planned for that quarter has been covered in any
subject.
| Index to Regulations §100.10 |
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 of paragraph (2) of
this subdivision.
(1) Commercially published norm-referenced achievement tests.
(i) The test shall be selected by the parents from one of
the following: the Iowa Test of Basic Skills, the
California Achievement Tests, 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.
(ii) 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; or
(b) at a registered non-public school, by its professional
staff, provided that the consent of the chief school
officer of the nonpublic school is obtained; or
(c) at a non-registered non-public 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
non-public 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.
(iii) 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.
(iv) 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.
(v) If a score on a test is determined to be inadequate,
the program shall be placed on probation pursuant to
subdivision (i) of this section. A student's score
shall be deemed adequate if :
(a) the student has a composite score above the 33
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.
(2) Alternative evaluation methods. An alternative form of
evaluation shall be permitted to be chosen by the parent
only as follows:
(i) for grades 1 through 3: a written narrative prepared
by a person specified in subparagraph (iii) of this
paragraph.
(ii) for grades 4 through 8: 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 these grades.
(iii) for the purposes of this paragraph, 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 and who certifies that the child
has made adequate academic progress. 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.
(3) If a dispute arises between the parents 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.
| Index to Regulations §100.10 |
(1) If a child's annual assessment fails to comply with the
requirements of subdivision (h) of this section, the
home instruction program shall be placed on probation
for a period of up to two (2) school years. The parents
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.
(2) If after the end of any semester of the probationary
period the child progresses to the level specified in
the remediation plan, then the home instruction program
shall be removed from probation. If the child does not
attain at least 75% of the objectives specified in the
remediation plan at the end of any given semester within
the period of probation, or if after two (2) years on
probation 100% of the objectives of the remediation plan
have not been satisfied, the superintendent of schools
shall provide the parents with the notice specified in
paragraph (5) of subdivision (c) of this section and the
board of education shall review the determination of
noncompliance in accordance with such paragraph, except
that consent of the parents to such review shall not be
required.
(3) If during the period of probation the superintendent of
schools has reasonable grounds to believe that the
program of home instruction is in substantial
noncompliance with these regulations the superintendent
may require one or more home visits. Such home visit(s)
shall be made only after three (3) days' written notice.
The purpose of such visits(s) shall be to ascertain areas
of noncompliance with these regulations and to determine
methods of any such deficiencies. The home visit(s) shall
be conducted by the superintendent or by the
superintendent's designee. The superintendent may include
members of a home instruction peer review panel in the
home visit team.
"Subparagraph (iii) of paragraph (2) of subdivision (h) of section 100.10 of the Regulations of the Commissioner of Education has been revised to clarify that the person who prepares a written narrative as an alternative evaluation method must certify either that the child has made adequate academic progress or has not and that the home instruction program will be placed on probation if the child has not made adequate progress.
"Paragraph (3) of subdivision (h) of section 100.10 has been revised to indicate that disputes between the parents and the superintendent of schools, including disputes over the administration of norm-referenced achievement test or the use of alternative evaluation methods, may be appealed to the board of education."
| Index to Regulations §100.10 |