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Changes to Home Instruction Regulation Considered

Home School Legal Defense Association is discussing with New York home school leaders the possibility of proposing changes to the current home instruction regulation adopted in 1988. While in recent years many other states have eased restrictions and recognized home education as deserving no more state oversight than conventional private schools, New York has continued with its original law. It is the most highly regulated state in the nation.

After helping families resolve legal problems under the existing law for over 11 years, HSLDA has identified various provisions of the regulation which have caused parents the most difficulty. Among the changes which may be proposed to reduce the legal contacts by public school officials are the following:

• Eliminate the “double notice” requirement under the current regulation. Then, parents would need only provide the child’s name, age, and grade level, in addition to the names of instructors. Parents would not be required to provide both the initial notice of intent to conduct home instruction and an Individualized Home Instruction Plan. No curriculum information would be provided, since the regulation already prescribes what courses must be taught at the various grade levels.
  
• Eliminate quarterly reports. These are an administrative burden to both parents and public school officials and are not used to determine whether a student has made adequate academic progress.
  
• Lower the minimum composite score on any standardized achievement test to the 23rd percentile to conform to the beginning of the average range established for standardized achievement tests. The current minimum composite score is above the 33rd percentile.
  
• Eliminate the requirement that parents submit results of the annual evaluation to the local public school superintendent. If a child’s academic progress is not adequate as indicated by the results of a standardized achievement test or an alternative form of evaluation, the parents should take remedial action to correct any deficiencies.
  
• Permit parents to utilize the alternative form of evaluation as the annual assessment at every grade level. Current law permits the use of the alternative form of evaluation only in grades one through three and every other year in grades four through eight.
  
• Eliminate language authorizing the local superintendent to consent to the person who may conduct the annual evaluation. If a person is qualified to administer a standardized achievement test according to the test publisher, there is no need for a local superintendent to independently assess the person’s qualifications. With respect to alternative evaluation methods, HSLDA believes that the teaching parent is qualified to prepare the narrative report of the child’s progress.
  
• Add language acknowledging that learning-disabled students are to be evaluated for adequate academic progress in accordance with their special education plan. Further, the regulation should recognize privately developed special education plans the same as those developed through the local school district.