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The Home School Court Report
VOLUME XV, NUMBER 2
- disclaimer -
MARCH / APRIL 1999
Cover
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Cover Story
Daytime Curfew Invalidated in Monrovia

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Let the Debate Begin

CAP Trainees March Fourth!

Home Schooling Works: Pass It On!

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New York
Problems with Quarterly Reports
    Parents conducting home instruction programs in New York are continuing to experience problems with local school districts about the contents and time for submitting quarterly reports. Following are the most common difficulties which have required the assistance of HSLDA:
    Some school districts insist upon designating the dates for submission of quarterly reports contrary to those dates selected by parents. Section 100.10 of the Regulations of the Commissioner of Education requires that the parent indicate the dates for submission of the quarterly reports in the Individualized Home Instruction Plan (IHIP) submitted at the time of the commencement of home instruction for that year. Thus, a local school district has no authority to designate the dates for submission of a quarterly report and cannot require parents to adopt a schedule preferred by the public school officials.
    Several school districts have attempted to require home schooling families to provide in the quarterly reports the number of hours of instruction for each course taught in the home instruction program. The regulation governing home instruction only requires that the total number of hours of instruction during the quarter be included in the report, not the number of hours of instruction in each subject.
    Some school districts are attempting to require parents to report the percentage of course materials covered in each subject as compared to what was planned for that quarter. Section 100.10 requires that the quarterly report include “a written explanation in the event that less than eighty percent of the amount of the course materials as set forth in the IHIP planned for that quarter has been covered in any subject.” Parents do not have to provide any information about this unless less than 80 percent of what was planned during the quarter was covered. There is no requirement that parents affirmatively state in their quarterly report that at least 80 percent of the planned material was covered.
    Many school districts insist that parents include in their first, second, or third quarterly report a description of the method of annual assessment to be submitted with the fourth quarterly report. While state law requires parents to file the annual assessment with their fourth quarterly report, there is no need for a parent to advise the local school district of the choice of annual assessment at an earlier time. Parents who intend to participate in standardized testing at the public school should notify the public school officials of this decision in time for the officials to obtain the tests and to make other necessary arrangements for testing. Additionally, some methods of annual assessment require the consent of the local superintendent, so parents should obtain this consent in time to accomplish the assessment and to include the results in the fourth quarterly report. Testing at a nonregistered, nonpublic school requires the consent of the local public school superintendent. Also, testing at the parents’ home or at any other reasonable location by a New York State-certified teacher or by another qualified person requires the consent of the local superintendent.
    Home School Legal Defense Association has been successful in resolving each of the difficulties encountered by member families by simply writing a letter to the public school official who is either misinformed or who has disregarded state law.

Changes to Compulsory Attendance Age Considered
    Two bills introduced in the New York State Legislature would raise the compulsory attendance age, thereby requiring parents conducting a home instruction program to comply with state law longer than is now required. Assembly Bill 2977, introduced by Representative Steven Sanders, would increase the compulsory attendance age from 16 to 17. A.B. 1485, introduced by Representative Arthur Eve, would raise the compulsory attendance age from 16 to 18 unless the student passed a minimum competency examination developed by and administered under the auspices of the state commissioner of education. HSLDA opposes any expansion of compulsory attendance requirements as being an increase in the extent of government control of education. New York’s home school law is arguably the most restrictive in the nation, so an expansion of the compulsory attendance ages would do nothing more than extend the time of burdensome government oversight.
    A third bill, A.B. 3915, is a more subtle effort to raise the compulsory attendance age. Sponsored by Representative Craig Doran, this legislation would require persons under 18 years of age to be in school, to have graduated, or to have a GED certificate in order to have a driver’s license. HSLDA has long opposed any connection between issuance of a driver’s license and school attendance.
    HSLDA urges home schooling families to contact their legislators and express their opposition to these bills.

I Love New York
by
Steve Karmen

“. . .There isn’t another like it; No matter where you go; And nobody can compare it . . .”

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