New York
Family Caught in Procedural Trap
After the superintendent found deficiencies in their Individualized Home Instruction Plans (IHIPs), a family in New Hartford Central School District faced appeal of his finding to the school board as their only recourse. Home School Legal Defense Association’s intervention enabled the family to resolve their differences directly with the superintendent.
This family’s difficulties began in March when they submitted a notice of intent to begin home instruction to the local superintendent. As required by New York’s home instruction regulation, the superintendent sent the parents IHIP forms within 10 business days. The parents submitted the completed IHIP forms on a timely basis, but failed to include “a list of the syllabi, curriculum materials, textbooks, or plan of instruction to be used in each of the required subjects.”
Following the regulations, the superintendent notified the parents of this deficiency within 10 business days of receiving the IHIPs. The family responded by simply submitting a list of subjects to be taught but omitted some required subjects. At this point, the superintendent advised the parents that the IHIP for each of their children was still deficient and that they had the right to appeal his finding to the school board.
Facing a serious threat to their home education plans, the parents asked Loving Education At Home (LEAH), a statewide support group organization, for assistance. A LEAH leader requested that HSLDA make an exception to our policy that families with legal problems at the time of applying are not eligible for membership. We accepted this family into membership based upon the LEAH leader’s request and the particular facts of this case.
After reviewing the documentation, HSLDA reminded the superintendent that the regulations require a school district to assist with IHIP preparation if requested by the parents. The family had asked for help when they submitted their initial notice of intent. Instead of providing assistance, the superintendent had merely pointed out the deficiencies in the IHIPs. HSLDA also stated that we were prepared to represent this family before the local school board. The superintendent agreed to accept additional curriculum information from the family, thereby resolving the problem.
This story had a happy ending, but it was a close call for this family who did not seek legal assistance until they were at the point of having to appeal the superintendent’s adverse decision. HSLDA members are encouraged to contact us immediately upon experiencing difficulty with public school officials. — Dewitt T. Black
