New York
HSLDA Engages in Annual Battle over IHIPs and Forms
As is customary at the beginning of each school year, Home School Legal Defense Association has had to intervene on behalf of numerous New York member families who have been accused of failing to comply with state law, or failing to complete various forms developed by a local school district. During the month of September, HSLDA sent letters to public school officials on behalf of 22 families whose right to conduct a home instruction program was being challenged by these accusations.
Home education programs in New York are governed exclusively by the provisions of Section 100.10 of the Regulations of the Commissioner of Education. Thus, local districts are without any authority to establish any policies or procedures which add to or contradict the provisions of state law. Challenges to the sufficiency of an Individualized Home Instruction Plan (IHIP) are the most common type of difficulties encountered by home schooling families, when public school officials attempt to impose their own standards or an erroneous interpretation of state law. Subdivision (d) of Section 100.10 of the regulations sets forth the required contents of the IHIP as follows:
- the child’s name, age, and grade level;
- a list of the syllabi, curriculum materials, text books, or plan of instruction to be used in each of the required subjects listed;
- the dates for submission to the school district of the parents’ quarterly reports; and
- the names of the individuals providing instruction.
Thus, a plain reading of the language describing the curriculum information to be provided to the local superintendent indicates that parents have a choice of submitting one of four items, namely: (1) syllabi, (2) curriculum materials, (3) textbooks, or (4) plan of instruction. Local superintendents often insist upon some combination of these four items. HSLDA’s experience indicates that parents who submit what is called a plan of instruction, listing textbook or other curriculum information, are the most effective in avoiding rejection of their IHIP by a public school official. Textbook information should include its title, publisher, author, and copyright date.
HSLDA also regularly encounters problems when local school districts develop their own forms for home schooling families. This year, the Broadalbin-Perth Central School District sent an HSLDA member family its notice of intent form, attendance records form, and IHIP form. This school district expected the parents to complete the notice of intent form even though the parents had previously submitted a written notice of intent in full compliance with the requirements of subdivision (b) of Section 100.10. Local districts do not have the authority to require parents to use any particular forms in providing the notice of intent to conduct home instruction or maintaining attendance records as required by subdivision (f) of the regulation. On the other hand, subdivision (c) of Section 100.10 requires that the IHIP be submitted on a form sent to them by the local school district. However, as with Broadalbin-Perth Central School District, many local districts seek information through the IHIP form which is not required by state law. In this particular case, the IHIP form required the parents to submit a daily and weekly schedule for instruction of their children, and to describe the evaluation plan for the student’s progress as the instruction was being conducted. After HSLDA intervened on behalf of the home schooling family, the district advised them that use of the forms was not mandatory.
As the nation’s most highly regulated home schooling state, New York will continue to be a difficult environment for parents teaching their children at home. HSLDA is working with state leaders to devise a strategy to improve this restrictive state law, which has been in effect for over 10 years.
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New York
Admitted to statehood:
July 26, 1788
Origin of name:
For the Duke of York and Albany, who recieved patent to New Netherland from his brother Charles II and sent an expedition to capture the territory in 1664.
Motto:
Excelsior—Ever upward.
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