The Home School Court Report
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Compulsory Education Laws: The Dialogue Reopens

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New York

Alternative to Complying with Home Instruction Regulation

Parents who do not want to comply with the burdensome requirements of New York’s home instruction regulation have an alternative recognized by the state education department. Since 1993, the department has taken the position that a home school could be a “satellite” school of a nonpublic school. A student is considered enrolled full-time in a nonpublic school—even though he does not attend the school every day—if:

  • the nonpublic school carries the student on its roster;

  • nonpublic school administrators and/or teachers provide oversight and advice on the selection and provision of curriculum materials for the instructional program;

  • the student is required to attend certain classes and/or activities at the school on a regular basis (a minimum of once a week during the school year);

  • the nonpublic school collects attendance reports from parents and maintains attendance records for each student;

  • the nonpublic school supervises the evaluation of the student and administers standardized tests; and

  • records on student achievement are maintained at the nonpublic school.

    Parents interested in this option should contact an established nonpublic school about their home school becoming a satellite school. — Dewitt T. Black