Frequently Asked Questions

How do I go about requesting special education services for my homeschooled child through my school district?

Effective July 7, 2008:

Guidance is available on Chapter 217 of the Laws of 2008, which was signed into law by the Governor on July 7, 2008, relating to students with disabilities who are in home instruction programs pursuant to section 100.10 of the Regulations of the Commissioner of Education (home-schooled students) and are now eligible to receive special education services from their public school districts. This guidance provides the details and steps required that a parent must follow in order to request special education services for their homeschooled child from their school district. Please follow the web link to access the New Requirements for the Provision of Special Education Services to Home-Instructed (“Home-Schooled”) Students.


NYSED Revised Questions and Answers on Home Instruction

Note: All of the special needs related questions and answers below were removed from the NYS SED web site in January 2008! They remain here for historical purposes only.

Some of the answers as found in the Revised Questions and Answers on Home Instruction, published by the State Education Department of New York State:

Is it legal for me to home school my child with special education needs?
Yes. Commissioner’s Regulation 100.10 can be applied to any student of compulsory attendance age without regard to a possible or identified handicapping condition. (#70)

Am I required to have any special teaching credentials to home school my child?
No. State law does not require any specific credentials for the person(s) providing home instruction. (#8)

Will I be required to draw up my own IEP to go along with my IHIP?
No. A parent is not expected or required to construct or submit an IEP. (#81)

Must the CSE review and/or approve the IHIP for a student with special education needs?
No. The superintendent of schools of the district is responsible for determining whether an IHIP is in compliance with the regulation and may call upon other persons to assist in the review. However, the superintendent has the responsibility to review and notify parents whether the IHIP complies with the regulation. (#80)

Is the district required to provide services to a student who has been identified by the CSE?
The district is required to make appropriate services available to any identified student in accordance with the approved Individualized Education Plan. (#71)

May a parent elect to have the student receive some, but not all of the services specified in the IEP?
Yes. Given the nature of home instruction, a parent may assume the responsibility for providing some of the needed services and may choose to have any other(s) specified in the IEP provided by the district. (#77)

Does a parent have the right to refuse the delivery of any services by the public school district?
Yes. If the parent refuses services for a student known to have a handicapping condition, the parent should address the needs of the child in the IHIP. (#78)

To what extent must the IHIP include the services specified in the IEP?
The IHIP should include the equivalent services listed in the IEP. As home instruction is, by its very nature, individualized and flexible, parents may provide for the needs of their children in different ways than those contained in the IEP. (#79)