| NYSED Q & A page 6 68. If home instruction begins during the normal school year, which timelines apply? The regulation specifies that parents who decide to begin home instruction 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. From that point on, the usual timelines apply: - 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 form for each child. - Within 4 weeks of receiving it, 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. - Within 15 days of receiving a notice of deficiency, the parent must submit a revised IHIP which corrects the deficiencies. - Within 15 days of receiving the revised IHIP, the district must notify the parent as to whether it complies with the regulation. 69. If home instruction begins during the school year, when should parents schedule quarterly reports to the district? The number of reports should be proportional to the period of home instruction. For example, if instruction begins at about the end of the first reporting period in the public school, the parent would schedule three reports during the remainder of the year. Students with Special Educational Needs 70. May the parents of a student with specialized educational needs choose to provide home instruction for the student? 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. 71. Is the district required to provide services to a student who has been identified by the Committee on Special Education? The district is required to make appropriate services available to any identified student in accordance with the approved Individualized Education Plan (IEP). 72. Are there any restrictions on the availability of services to be provided by the district? The district has the obligation to offer all the services contained in the student’s IEP. 73. Is the district required to provide transportation in order for the student to receive services? Transportation must be offered to the extent necessary to enable the student to benefit from the instruction. The need for special transportation must be addressed in the student’s IEP. 74. Where are the services delivered? Generally, services would be delivered at the public school. However, the district and the parents may agree to have services delivered at an off-site as well (i.e., library, youth center, etc.) 75. May services be delivered at the student’s home? There is no prohibition against providing the services in the student’s home. If the district and parent agree that this is the most convenient and appropriate location, services may be provided to the student in the home. 76. When are the services delivered? The parent and district officials should discuss arrangements so that a block of time can be arranged for services which minimizes disruption. 77. 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. 78. 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. 79. 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. 80. Must the Committee on Special Education review and/or approve the IHIP for a student with special educational 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 the parents whether the IHIP complies with the regulation. 81. Is a parent required to submit an IEP along with an IHIP? No. A parent is not expected or required to construct or submit an IEP. |