New York

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Homeschooling in New York

Our summary below describes the overall picture of homeschooling requirements in the state of New York. Additional and more extensive help can be found within our e-book: New York Homeschool Legal Workbook: Your Guide to Compliance - Facts & Forms, prepared by HomeSchoolLegal.com.

 Approach 1

 
 Approach: Establish a homeschool
   
 Restrictions: Teacher must be “competent” and is deemed “competent” if the regulations are followed.
   
 Reporting: Parents who decide to begin home instruction must file by July 1st; or parents who move into the district after the start of the school year must file a letter of intent within 14 days of beginning home instruction within the district.Within 10 business days of receiving the letter, the district must furnish the parent with a copy of C.R. 100.10 and an IHIP (Individualized Home Instruction Plan) form for each child.Within four weeks of receiving it, or by August 15th, the parent must submit the completed IHIP to the district.

Within 10 business days of receiving the IHIP, the district must notify the parent whether it complies with the requirements of the regulation or give written notice of any deficiency.

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, which 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. File an annual assessment with the last quarterly report. See Testing below.

   
 Recordkeeping: Maintain sufficient records to comply with notice and reporting procedures.
   
 Requirements: Instruction in the following subjects shall be required: (i) 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. (ii) 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); and library skills (on a regular basis). The units required herein are cumulative requirements for both grades seven and eight. (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 (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 (on-half unit); physical education (two 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 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.

Attend the substantial equivalent of 180 days of instruction: 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. 

   
 Testing: 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, which can consist of a norm referenced achievement test administered by a certified teacher or other “qualified person” or an alternative form of evaluation. Alternative evaluation methods are as follows: (i) for grades one through three, a written narrative prepared by a certified teacher; (ii) for grades four through eight, a written narrative prepared by a certified teacher may be used every other year. This alternative form of evaluation may be used no more often than every other school year for these grades, with standardized testing required for every other year in grades four through eight. Grades 9-12 require standardized testing every year. 
   
Compulsory    Attendance: Applies to a minor who turns 6 on or before December 1st of the school year until the last day of the school year in which the minor becomes 16. (Note: Individual school districts may raise the age to 17.)
   
 Source of Law: New York Education Law
   
NOTE: This is not intended to be legal advice and is offered only as an educational service for visitors to www.Home-School-Inc.com and www.HomeSchoolLegal.com. It is not a substitute for competent legal advice. Requirements may change at any time, and interpretations of the law and regulations can differ. Consult a legal services provider and a local homeschooling support group for more specific information.
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