1741 Relations with “Home Schools” Policy and Regulation

ICHABOD CRANE 1741

RELATIONS WITH “HOME SCHOOLS” 

The Board of Education shall ensure that children instructed at home are taught by a competent instructor and receive an education substantially equivalent to that offered in the district’s schools.

Parents/Guardians who wish to educate their children at home must submit to the district an individual home instruction plan (IHIP), outlining the educational goals to be met and the course materials and syllabi to be used each year for the child’s learning process.  The district may accept or deny an IHIP.  Parents/Guardians must submit quarterly reports which will provide the district with the necessary information to make determinations of substantial equivalency and competency of instruction on an ongoing basis.

Parents/Guardians may appeal to the Board a determination by the Superintendent of Schools or designee that an IHIP is not in compliance with the Regulations of the Commissioner of Education.  Parents/Guardians shall have the right to appeal the final determination of the Board to the Commissioner of Education within 30 days of receipt of such determination.

Special Education

A student with an IHIP, who is a  resident of the school district and has a disability, or is suspected of having a disability, is eligible to receive services from the school district, in accordance with law, regulation and district policy (4321 et. seq.).  A parent/guardian must request special education services in writing to the Board by June 1st, unless the child is first identified or moves into the district after June 1st.  In that case, the parent/guardian must request the services within 30 days of being identified or of moving into the district.

Special education services will be provided on an equitable basis compared to programs and services provided to other students with disabilities attending public or nonpublic schools within the district.  The Board will determine the location where services will be available to home schooled students.

Participation in Extracurricular Activities

Students instructed at home by their parents are not entitled to participate in interscholastic or intramural sports.  However, the Board shall permit such students to participate in other school-sponsored extracurricular activities as long as they can provide either documentation of immunization to, or a medical exemption for immunization from, the same communicable diseases required for entry into the public schools.  Specifically, the Board will permit home-schooled students to:

  • participate in non-credit-bearing organized school activities such as clubs that are not open to the general public;
  • participate in band and/or receive music lessons only if these activities are considered to be extra-curricular (not credit-bearing or graded or required for class); and
  • use school facilities such as the library, career information center and gymnasium if there is mutual agreement on the part of all involved parties.

Instructional Materials

The Board authorizes the Superintendent to loan instructional materials, if available, to students receiving home instruction.  The Superintendent or designee shall determine the availability of resources and develop appropriate procedures.

Cross-ref:

  • 4321, Programs for Students with Disabilities, et seq.
  • 5420, Student Health Services

Ref:

  • Education Law §§ 3204(2); 3210(2)(d); 3602-c (2-c)
  • Public Health Law § 2164 (as amended by Chapter 35 of the Laws of 2019)
  • 8 NYCRR §§ 100.10; 135.1; 135.4
  • Appeal of Ponte, 41 EDR 174 (2001)
  • Matter of Abookire, 33 EDR 473 (1994)
  • State Education Department Memorandum, “New Requirements for the Provision of Special Education Services to Home-Instructed (“Home-Schooled”) Students, July 2008
  • State Education Department Memorandum, “Home Instruction Questions and Answers,” http://www.p12.nysed.gov/sss/homeinstruction/homeschoolingqanda.html, Sept. 2016

Effective Date: June 4, 2024