| NYSED Q & A page 2 14. Must students instructed at home meet immunization requirements for in-school students? The provisions of Public Health Law Section 2164, which require parents to submit proof of immunization prior to admission of their children to a school, do not apply to students being educated at home. If the Commissioner of Health notifies school officials of the outbreak of a disease for which immunization is required, however, parents of children on home instruction who seek to participate in testing or other activities on the premises of a public or a nonpublic school must produce proof of immunization or the children must be denied access to the school building. 15. May parents or students on home instruction borrow instructional items from the public school such as library books, microscopes and movie projectors? Yes. Although a public school is not obligated by law to lend such items, it may allow parents or students to borrow available materials. 16. Is a student instructed at home entitled to benefit from the loan programs (textbooks, library materials and computer software) available to students enrolled in nonpublic schools? A student instructed at home is not enrolled in a nonpublic school and, therefore, the district is not obligated to loan those items which a district is required to provide, by statute, to children attending nonpublic schools. Although not required, a school district may offer such loans to the extent available. 17. Is the school district required to furnish health services to students on home instruction? No. The district is not required to furnish health services. 18. Is the district responsible for providing remedial programs for students instructed at home? No. The school district is not responsible for providing remedial programs for these students. 19. May a student instructed at home participate in the instructional program of the school district? The legislature has not authorized part-time attendance and, therefore, a student instructed at home may not participate in the instructional program of the school district except for dual enrollment opportunities the district may make available under Section 3602-c of the Education Law and for special education programs and services the district is required to make available. 20. May a district provide dual enrollment services under Section 3602-c to students instructed at home? While a district is not required to make occupational and vocational education programs and programs for the gifted available, the board of education may, at its discretion, allow such students in these programs. A board of education must offer a student with disabilities the special education services and/or programs as recommended on the Individualized Education Program by the Committee on Special Education. The district may claim State aid for the provision of dual enrollment services in district-operated programs. Services provided through BOCES, while generating BOCES aid, do not generate dual enrollment aid. 21. Does a school district obtain State aid for students instructed at home by their parents? School districts cannot claim State aid for students instructed at home, except for those students counted as dually-enrolled in gifted and occupational programs or receiving programs and services for students with special educational needs. 22. How should school officials deal with the grade placement of a student who has been instructed at home and subsequently enters the public school? As with any other transfer, the principal of the school determines the appropriate grade placement of the student. 23. Does a home-instructed student earn high school credits for completing the course work specified in the IHIP? Credit is given only by schools. It is recommended that when a home-instructed student transfers from a high school program into a school that the principal of the school award credit on the basis of assessment or evidence that the student has successfully completed the course work. 24. May a student instructed at home be awarded a local or Regents diploma? No. A high school diploma may only be awarded only to a student enrolled in a registered secondary school who has completed all program requirements set by the Regents, the school, or the district. 25. Is a K-8 school district responsible for a high school student on home instruction? Yes. The district of residence retains responsibility for the student’s education but is encouraged to consult with the receiving high school on the adequacy of the IHIP, quarterly reports and the annual assessment. 26. Is a student instructed at home eligible to participate in summer school programs operated by the public school district? Yes. Summer school programs are open to all residents of the district. 27. May a superintendent apply for a variance under Commissioner’s Regulation 100.2(n) to enable a parent to implement a program designed to provide excellence in education? Yes. A superintendent may apply for a variance for a home instruction program. |