| NYSED Q & A page 1 REVISED QUESTIONS AND ANSWERS ON HOME INSTRUCTION New York State Education Department General 1. May a district require parents to register their child in the public school if they plan to provide home instruction? No. Parents are not required to register their child in the public school if they plan to provide home instruction. However, the parent, if requested, must demonstrate that the child resides within the school district and is of compulsory age. 2. Are parents required to meet with school officials? No. School officials may request a meeting with parents to discuss the process of home schooling, but they may not deny parents the right to home instruct if the parents decline such a meeting. 3. Must a district respond to a letter of intent? Yes. The district is obligated to reply within 10 business days of receiving the notice of intent by sending to the parents a copy of C.R. 100.10 and a form on which to submit an IHIP. 4. May parents engage a tutor to provide home instruction? Yes. Parents may engage the services of a tutor to provide instruction for all or a portion of the home instruction program. 5. May groups of parents provide home instruction collectively by engaging the services of a tutor to provide group instruction to their children? Parents providing home instruction to their children may arrange to have their children instructed in a group situation for particular subjects but not for a majority of the home instruction program. Where groups of parents organize to provide group instruction by a tutor for a majority of the instructional program, they are operating a nonpublic school and are no longer providing home instruction. Substantial equivalency of a nonpublic school program is not determined pursuant to Section 100.10 of the Regulations of the Commissioner. 6. Must parents file a health inspection report or fire inspection report? No. This is not required in the case of home instruction. 7. Must home instruction take place on days and during the times of day when school is in session? Instruction at home is usually given within the general time-frame of the normal school day, but greater flexibility in scheduling is possible. For example, parents may choose to provide instruction on weekends or in the evening. The total amount of instructional time per week should be generally comparable to that of the public school. 8. May a district require parents or tutors to produce credentials for home instruction? No. State law does not require any specific credentials for the person(s) providing home instruction. 9. What is a Home Instruction Worksheet? The Worksheet is provided as a model to assist districts in maintaining and keeping records on home instruction. Although the worksheet is an internal district document completed by school officials, it may be filled out in consultation with the parents, if appropriate. Some of the information on the Worksheet will be derived from the quarterly reports and the annual evaluation. 10. Must the Home Instruction Worksheet be filled out by parents? No. The Worksheet is for internal district use. 11. May students instructed at home by their parents take part in non-credit-bearing organized school activities such as clubs, sports, and intramurals? Commissioner’s Regulation 135.4 (c)(7) directs that a participant in interscholastic sports must be enrolled in the public school; however, children educated other than at the public school may participate in intramural and other school-sponsored club activities. It is recommended that each board of education establish a policy to this effect. 12. May a student instructed at home participate in the school band and/or receive music lessons? If the district considers these activities to be extracurricular, such a student may participate in the band and/or receive music lessons. It is recommended that the board of education establish a policy regarding participation in these activities. 13. May students instructed at home be allowed to use school facilities such as the library, career information center and gymnasium? Yes. Students may be allowed to use such school facilities provided that there is mutual agreement on the part of all involved parties. |