| NYSED Q & A page 3 28. Under what circumstances is a home program placed on probation? As described below, the circumstances depend upon the option selected by the parents for complying with the annual assessment requirement of subdivision (h) of Section 100.10 of the Regulations of the Commissioner. a) If parents submit test scores for an achievement test, the program will be placed on probation only if the composite score of the student is below the thirty-third percentile on national norms or the score fails to reflect one academic year of growth when compared to a prior test. The student’s score on individual test subscores should not be considered in determining whether the program should be placed on probation. b) If parents submit a written narrative, the program will be placed on probation only if the evaluator certifies that the student has not made adequate academic progress. 29. Under what circumstances may a school district require home visits? A school district may require home visits, upon three days’ written notice to the parents, only when the home instruction program is on probation. Under any other circumstances, a school official may request a home visit but a parent would not be required to consent to the request. 30. If parents provide instruction at home to more than one child and the program for one child is placed on probation, must the programs for the other children in the family be placed on probation? No. Each child’s achievement is evaluated separately. A situation may arise where one child’s progress is on probation, and yet one or more other children in the same family are making adequate progress so that their programs would not be placed on probation. 31. How should a district maintain records on students instructed at home? It is recommended that the district complete a Worksheet for each student to place in the student’s file along with the current IHIP, quarterly reports and annual evaluation information. A notation on the student’s permanent record card should indicate the period during which the student is on home instruction. 32. How long should a district maintain records on a home-instructed student? There is no legal obligation specified in the matter. To the extent that records are kept, it is recommended that an annual Worksheet for each student be kept until six years after the student would have graduated from high school. 33. Should parents maintain records on students instructed at home? Parents are required to keep attendance records for each student, but there is no legal obligation for them to maintain any other records. It is recommended that parents keep evidence of their programs and their children’s achievement and correspondence with the school district. 34. If a student instructed at home is unable to read adequately or find employment following completion of education requirements as defined within the compulsory education laws, can the school district be held liable? No. As a matter of public policy, the highest court in New York State has declined to recognize a cause of action for educational malpractice. Where the board of education and superintendent of schools make good faith efforts to implement the requirements of Section 100.10 of the Regulations, there should not be a basis for liability under current law. Individualized Home Instruction Plan 35. Are parents required to submit more than a list of textbooks in the IHIP to comply with the requirements of subdivision (d) of Section 100.10? The IHIP must include for each of the required courses either a list of syllabi, curriculum materials and textbooks to be used or a plan of instruction to be followed. A different alternative may be used for different subjects. While a list of textbooks may be submitted, it is reasonable for the district to require more than the name, publisher, copyright date and author’s name if the district is not familiar with the textbook’s content. If the district requests additional information beyond the list of textbooks, the parents may, at their option, submit either a written scope and sequence describing the text or a copy of the text for the district’s review (which copy shall be promptly returned to the parents). The purpose of such review is not to compare the text with those employed by the district but rather: 1) to insure that the parent is providing the mandated subjects for the grade level in question, and 2) to provide the district with more complete information to assist its review of quarterly reports and annual assessments. 36. When the IHIP is submitted by the parent, does the school district have the responsibility to make a subjective judgment of the substantial equivalency of the home instruction program? No. The purpose of these regulations is to provide a basis for objective determinations of substantial equivalence. IHIP submissions are to be evaluated to determine compliance with subdivisions (d) and (e) of Section 100.10. Quarterly reports are to be evaluated to determine compliance with subdivision (g). Annual assessments must comply with the requirements of subdivision (h). A home instruction program that adheres to the standards of the regulations at each stage of the process should be deemed to be substantially equivalent. 37. Must the parents indicate on the IHIP what will be taught and the total time of instruction? The IHIP must include a list of the syllabi, curriculum materials, or plan of instruction to be used in each of the subjects required for that grade level. The total number of hours of instruction per quarter must be documented on the quarterly report. It is recommended that, in the secondary grades, hours per subject be includes in each quarterly report. |