 New York State
Home Education Regulations
Home education (also called homeschooling, homeschool or
home learning) is the education of children at home,
typically by parents or professional tutors, rather than in
a public or private school. Before the introduction of
compulsory school attendance laws, most childhood education
occurred within the family or community, home education in
the modern sense is an alternative in developed countries to
formal education.
Home education regulations widely vary from country to
country and even from state to state in America. Some states
are fairly laid back about the requirements imposed upon
parents and students, while some states, like New York state
are extremely rigid, turning home education into an
extension of public school. I decided to write about this
because we had considered moving to New York, which is my
home state, and possibly raising our family there, that is
until I read the New York State home education requirements.
The point is, if you do decide to move to a new place, and
if you plan to home educate your kids, be sure to find out
the home education regulations beforehand. |
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 In many places home education is a legal option for parents who wish to provide
their children with a different learning environment than exists in nearby
schools. The motivations for home education range from a dissatisfaction with
the schools in their area to the desire for better academic test results. It is
also an alternative for families living in isolated rural locations and those
who choose, for practical or personal reasons, not to have their children attend
school.
Home education is often considered to be synonymous with
homeschooling, but some have argued that the latter term
implies the re-creation of school in the context of the
home. I am from this school, excuse the pun, of thought and
apparently so is the New York State Department of Education.
John Taylor Gatto, a former New York City schoolteacher, is
a strong proponent of homeschooling, and has wrote a great
deal about the subject. Although I respect his work
immensely, I always questioned his use of the term
"homeschooling" in his works. I believe "home education" to
be a much more accurate term, and considerably more
descriptive of what learning at home is supposed to be all
about. |
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 Home
education, in the true sense, puts students ultimately in
control of their own education. Students choose how, when,
why, and what they pursue. Parents act as "facilitators,"
providing a wide range of resources, helping their children
access, navigate, and make sense of the world, and aiding
them in making and implementing goals and plans for both the
distant and immediate future.
I dropped out of school at age 15 in New York State. I now
am now living on a small island called Tanegashma, close to
mainland Japan, with my wife Akiko and our two sons, Shai
and Lael, who are both being home educated. We made the
decision to move back to America this year, a touch
decision, details of which are not relevant to this
discussion. Our plan is to return to San Diego, California
where I own a home in a nice area of the city, or move back
to my hometown of Buffalo, New York, again the details are
irrelevant. The point is, when I looked at the New York
State Department of Education, DOE, home education
regulations, I was appalled. The regulations are basically
an extension of everything required in the schools....hardly
allowing the freedom of education normally associated with a
home education program. Needless to say, our decision to
return to New York States has now changed. We plan to stay
in California, where our boys can continue their home
education studies, more or less unregulated.
For all of you planning to home education you kids, realize
that all states, and their regulations, are not created
equal....BEWARE.
The full text of the New York State home education
regulations follows along with my feelings about these
ridiculous standards, shown in gray
print. The
New York State DOE is effectively pushing
parents to keep their kids in school. They are not changing
with the times and not revising these outdated regulations. |
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 SECTION
100.10 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
(effective July 1, 1988)
The educational standards certainly
have changed a great deal in the United States, both at the
state and national levels over the last 30 years, yet the
home education regulations of New York State DOE continue to
remain unchanged since 1988. In 2005, there were a few
revisions made, however, these changes applied mostly to
obtaining a high school degree and college entrance. No
changes were made to the home education reporting
requirements nor to the standardized, required curriculum.
Why is that? |
100.10. Home instruction.
(a) Purpose of section.
The purpose of this section is to establish procedures to
assist school authorities in fulfilling their responsibility
under Education Law sections 3204(2) and 3210(2)(d) and in
meeting their responsibility of determining the competency
of the instructor and substantial equivalence of instruction
being provided at home to students of compulsory school
attendance age, and to assist parents who exercise their
right to provide required instruction at home to such
students in fulfilling their responsibilities under
Education Law section 3212(2).
New York State continues to require
the instruction being provided at home to be substantially
equivalent to students of compulsory school attendance age.
This takes away the whole concept of home education, which
is to put students ultimately in control of their own
education.
(b) Notice of intention to instruct
at home.
(1) Except as otherwise provided in paragraphs (2) and (3)
of this subdivision, parents or other persons in parental
relation to a student of compulsory school attendance age
shall annually provide written notice to the superintendent
of schools of their school district of residence of their
intention to educate their child at home by July first of
each school year. The school year begins July first and ends
June thirtieth for all purposes within this section. In the
case of the City School District of the City of New York,
the school district of residence for students who, if
enrolled in the public schools, would attend elementary
school, intermediate school or junior high school in a
community school district shall be deemed to be the
community school district in which the parents reside.
Since annual reporting is required
in many states, and since this has no affect on the actual
process of home education, this regulation is basically
acceptable.
(2) Parents who determine to commence home instruction after
the start of the school year, or who establish residence in
the school district after the start of the school year,
shall provide written notice of their intention to educate
their child at home within fourteen (14) days following the
commencement of home instruction within the school district.
Again, another reporting regulation
which has no bearing on the process of home
education....basically acceptable.
(3) For the 1988-89 school year only, the written notice of
intention to instruct at home required in paragraph (1) of
this subdivision shall be due on August 1, 1988.
(c) Procedures for development and
review of an individualized home instruction plan (IHIP).
(1) Within ten (10) business days of the receipt of the
notice of intention to instruct at home, the school district
shall send to the parents a copy of section 100.10 of the
Regulations of the Commissioner of Education and a form on
which to submit an individualized home instruction plan
(IHIP) for each child of compulsory attendance age who is to
be taught at home.
The individualized home instruction
plan, or IHIP, is designed to force New York State DOE core
education
standards on home educators....this is unacceptable.
(2) Within four (4) weeks of the receipt of such materials,
or by August fifteenth, or for the 1988-89 school year by
September 15, 1988, whichever is later, the parent shall
submit the completed IHIP form to the school district. The
district shall provide assistance in preparation of the
forms, if requested by the parents.
Again, a home instruction plan designed to force New
York State DOE core standards on home
educators....unacceptable.
(3) Within ten (10) business days of receipt of the IHIP, or
by August thirty-first, or for the 1988-89 school year by
September 30, 1988, whichever is later, the school district
shall either notify the parents that the IHIP complies with
the requirements of subdivisions (d) and (e) of this section
or shall give the parents written notice of any deficiency
in the IHIP.
There should be no need for
compliance with any DOE requirements as this takes away the
freedom of choice associated with home education.
(4) Within fifteen (15) days of receipt of a notice of a
deficiency in the IHIP, or by September fifteenth, or for
the 1988-89 school year by October 15, 1988, whichever is
later, the parents shall submit a revised IHIP which
corrects any such deficiencies.
More government control over the
education of our kids.
(5) The superintendent of schools shall review the revised
IHIP and shall notify the parents as to whether the revised
IHIP complies with subdivisions (d) and (e) of this section
within fifteen (15) days of receipt of the revised IHIP or
by September thirtieth, or for the 1988-89 school year by
October 31, 1988, whichever is later. If the revised IHIP is
determined not to be in compliance with subdivisions (d) and
(e) of this section, then the parents shall be notified in
writing of the reasons for such determination. Such notice
shall also contain the date of the next regularly scheduled
meeting of the board of education that will be held at least
ten (10) days after the mailing of the notice, and shall
indicate that if the parents wish to contest the
determination of noncompliance, the parents must so notify
the board of education at least three (3) business days
prior to such meeting. At such board meeting, the parents
shall have the right to present proof of compliance, and the
board of education shall make a final determination of
compliance or noncompliance.
And even more government control
over the education of our kids.
(6) The parents shall have the right to appeal any such
final school district determination of noncompliance to the
Commissioner of Education within thirty (30) days after
receipt of such determination.
The parents have the right to
appeal the criminal allegations against them for not
complying with the DOE imposed curriculum.
(7) When administrative review of a school district
determination of noncompliance is completed, the parents
shall immediately provide for the instruction of their
children at a public school or elsewhere in compliance with
Education Law sections 3204 and 3210. For purposes of this
subdivision, such administrative review shall be deemed to
be completed when one of the following events have occurred:
Do what they say or you will be
forced to send your kids to school or move to another state
or country. America, the land of the free?
(i) the parents have failed to contest a determination
of noncompliance by appealing to the board of education; or
(ii) the parents have failed to appeal a final school
district determination of noncompliance to the Commissioner
of Education; or
(iii) the parents have received a decision of the
Commissioner of Education which upholds a final school
district determination of noncompliance.
(8) Within ten (10) days after administrative review of the
determination of noncompliance is completed, the parents
shall furnish the superintendent of schools with written
notice of the arrangements they have made to provide their
children with the required instruction, except that such
notice shall not be required if the parents enroll their
children in a public school.
Do what they want and they will
leave you alone.
(d) Content of Individualized Home
Instruction Plan (IHIP).
Each child's IHIP shall contain:
(1) the child's name, age, and grade level;
None of their business.
(2) a list of the syllabi, curriculum materials,
textbooks, or plan of instruction to be used in each of the
required subjects listed in subdivision (e) of this section;
None of their concern.
(3) the dates for submission to the school district of
the parents' quarterly reports as required in subdivision
(g) of this section. These reports shall be spaced in even
and logical periods;
Filing quarterly reports? At this
point, the DOE should pay home educators the same salary as
a N.Y. State licensed school teacher.
(4) the names of the individuals providing instruction;
and
Difficult to include the names of
everyone in the World, in other words, the individuals who could
potentially provide information and instruction to your kids in one form or
another.
(5) a statement that the child will be meeting the
compulsory educational requirements of Education Law section
3205 through full-time study at a degree-granting
institution, meaning enrollment for at least 12 semester
hours in a semester or its equivalent, if that is the case.
In this situation, the IHIP shall identify the
degree-granting institution and the subjects to be covered
by that study.
This is no longer home education.
(e) Required courses.
(1) For purposes of this subdivision, a unit means six
thousand four hundred eighty (6,480) minutes of instruction
per school year.
A requirement for a prescribed
number of hours of study. Is this still considered home
education?
(2) Instruction in the following subjects shall be required:
(i) For grades one through six: arithmetic, reading,
spelling, writing, the English language, geography, United
States history, science, health education, music, visual
arts, physical education, bilingual education and/or English
as a second language where the need is indicated.
Um wait a minute, my sons are
Jewish and half Japanese, with family who are Canadian and
emigrated from Russia. My oldest son wants to spend his time
studying Jewish culture and Japanese history. These things
are not on the list and undoubtedly not on the N.Y. State
DOE standardized tests....what to do?
(ii) For grades seven and eight: English (two units);
history and geography (two units); science (two units);
mathematics (two units); physical education (on a regular
basis); health education (on a regular basis); art (one-half
unit); music (one-half unit); practical arts (on a regular
basis) and library skills (on a regular basis). The units
required herein are cumulative requirements for both grades
seven and eight.
While reading the above
requirements, keep in mind the DOE considers a unit to be
six thousand four hundred eighty (6,480) minutes of
instruction per school year. My oldest son loves math and
science but has absolutely no interest in art or music, yet
he is required to engage in the study of those subjects at
least 3,240 minutes per year? And library skills, basically
unnecessary with the advent of computers and the Internet.
Besides the Dewey Decimal System can easily be taught in an
hour.
(iii) The following courses shall be taught at least
once during the first eight grades: United States history,
New York State history, and the Constitutions of the United
States and New York State.
Um but my oldest son is interested in the
history of Canada and the Canadian constitution, and plans
to go to college in California eventually.
(iv) For grades nine through twelve: English (four
units); social studies (four units) which includes one unit
of American history, one-half unit in participation in
government, and one-half unit economics; mathematics (two
units); science (two units); art and/or music (one unit);
health education (one-half unit); physical education (two
units); and three units of electives. The units required
herein are cumulative requirements for grades nine through
twelve.
At this point all coursework should
be on an elective basis.
(v) Education Law sections 801, 804, 806, and 808 also
require the following subjects to be covered during grades
kindergarten through twelve:
(a) Patriotism and citizenship;
WTF my son is not applying for a green card.
(b) health education regarding alcohol, drug and
tobacco misuse;
Um okay about the tobacco, a
disgusting habit, and the drug misuse, since the use of
recreational drugs are inherently bad. The alcohol thing
might be a little tough to sell, since both my wife and I
love to drink wine.
(c) highway safety and traffic regulation,
including bicycle safety; and
I agree with this
requirement.
(d) fire and arson prevention and safety.
And this.
(f) Attendance requirements.
Each child shall attend upon instruction as follows:
(1) The substantial equivalent of one hundred eighty
(180) days of instruction shall be provided each school
year.
Yeah sure.
(2) The cumulative hours of instruction for grades one
through six shall be nine hundred (900) hours per year. The
cumulative hours of instruction for grades seven through
twelve shall be nine hundred ninety (990) hours per year.
Again, yeah sure.
(3) Absences shall be permitted on the same basis as
provided in the policy of the school district for its own
students.
Hey fantastic regulation. This
means my son can stay home from home.
(4) Records of attendance shall be maintained by the
parent and shall be made available to the school district
upon request.
Welcome to the New York State
Militarized Department of Education.
(5) Instruction provided at a site other than the
primary residence of the parents shall be provided in a
building which has not been determined to be in violation of
the local building code.
Oh no, we forgot to install a
smoke detector in the hallway. Does the New York State DOE
actually perform an on site inspection of every home?
(g) Quarterly reports.
On or before the dates specified by the parent in the IHIP,
a quarterly report for each child shall be furnished by the
parent to the school district. The quarterly report shall
contain the following:
(1) the number of hours of instruction during said
quarter;
More reporting.
(2) a description of the material covered in each
subject listed in the IHIP;
None of your business. Let children
design their own study program.
(3) either a grade for the child in each subject or a
written narrative evaluating the child's progress; and
Hey funny but my son already
received an "A" for each grade level through high school. So
some parents actually give their kids anything less than an
"A" grade?
(4) 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.
Yes of course folks are going to waste
valuable study time keeping exact percentage records and
then be stupid enough to provide a written explanation
stating their own child did not meet
the DOE requirements.
(h) Annual assessment.
At the time of filing the fourth quarterly report as
specified in the IHIP, the parent shall also file an annual
assessment in accordance with this subdivision. The annual
assessment shall include the results of a commercially
published norm-referenced achievement test which meets the
requirements of paragraph (1) of this subdivision or an
alternative form of evaluation which meets the requirements
of paragraph (2) of this subdivision.
You must be kidding right?
(1) Commercially published norm-referenced achievement
tests.
(i) The test shall be selected by the parent from
one of the following: the Iowa Test of Basic Skills, the
California Achievement Test, the Stanford Achievement Test,
the Comprehensive Test of Basic Skills, the Metropolitan
Achievement Test, a State Education Department test, or
another test approved by the State Education Department.
Since these regulations were put in
place in 1988, do these tests even still exist?
(ii) The test shall be administered in accordance
with one of the following options, to be selected by the
parents:
(a) at the public school, by its professional
staff; or
Hmmmm, same as being in school.
(b) at a registered nonpublic school, by its
professional staff, provided that the consent of the chief
school officer of the nonpublic school is obtained; or
Ah Chief School Officer.
(c) at a nonregistered nonpublic school, by its
professional staff, provided that the consent of the
superintendent of schools of the school district and of the
chief school officer of the nonpublic school is obtained; or
Um, nonregistered
nonpublic school. Hey how about changing this to a
nontest?
(d) at the parents' home or at any other
reasonable location, by a New York State certified teacher
or by another qualified person, provided that the
superintendent has consented to having said certified
teacher or other person administer the test.
Would a local winery be
considered a reasonable location?
(iii) The test shall be scored by the persons
administering the test or by other persons who are mutually
agreeable to the parents and the superintendent of schools.
What a relief, I certainly was
hoping it was not going to be persons who are mutually
disagreeable.
(iv) the test shall be provided by the school
district upon request by the parent, provided that the cost
of any testing facilities, transportation, and/or personnel
for testing conducted at a location other than the public
school shall be borne by the parent.
But wait, since everything else is just
like being in school, then it seems appropriate that the DOE
bears the costs of these tests.
(v) If a score on a test is determined to be
inadequate, the program shall be placed on probation
pursuant to subdivision (i) of this section. A student's
score shall be deemed adequate if:
Again on probation for the terrible
crime of not performing to the DOE standards.
(a) the student has a composite score above the
thirty-third percentile on national norms; or
Why not make it an even 30% or 20%
or 10% or why not throw this garbage out altogether.
(b) the student's score reflects one academic
year of growth as compared to a test administered during or
subsequent to the prior school year.
Please define quantitatively the meaning
of the word growth.
(2) Alternative evaluation methods. An alternative form
of evaluation shall be permitted to be chosen by the parent
only as follows:
(i) for grades one through three a written
narrative prepared by a person specified in subparagraph
(iii) of this paragraph;
Does it really need to be a person?
(ii) for grades four through eight a written
narrative prepared by a person specified in subparagraph
(iii) of this paragraph. This alternative form of evaluation
may be used no more often than every other school year for
these grades;
Aw, I wanted to use this every
year.
(iii) for the purposes of this paragraph, the
person who prepares the written narrative shall be a New
York State certified teacher, a home instruction peer group
review panel, or other person, who has interviewed the child
and reviewed a portfolio of the child's work. Such person
shall certify either that the child has made adequate
academic progress or that the child has failed to make
adequate progress. In the event that such child has failed
to make adequate progress, the home instruction program
shall be placed on probation pursuant to subdivision (i) of
this section. The certified teacher, peer review panel, or
other person shall be chosen by the parent with the consent
of the superintendent. Any resulting cost shall be borne by
the parent.
Oh no, probation again. And
I need to pay the resulting costs?
(3) If a dispute arises between the parents and the
superintendent of schools, including disputes over the
administration of the commercially published norm-referenced
achievement test or the use of alternative evaluation
methods, the parents may appeal to the board of education.
If the parents disagree with the determination of the board
of education, the parents may appeal to the Commissioner of
Education within thirty (30) days of receipt of the board's
final determination.
The Commissioner of Education,
whoa, and if this appeal is unsuccessful, then maybe Betsy
Devos, and then maybe Trump, and then maybe....
(i) Probation.
(1) If a child's annual assessment fails to comply with the
requirements of subdivision (h) of this section, the home
instruction program shall be placed on probation for a
period of up to two school years. The parent shall be
required to submit a plan of remediation which addresses the
deficiencies in the child's achievement, and seeks to remedy
said deficiencies. The plan shall be reviewed by the school
district. The school district may require the parents to
make changes in the plan prior to acceptance.
Placed on probation,
plan of
remediation, deficiencies in achievement,
plan review....can
you make education any more demoralizing?
(2) If after the end of any semester of the probationary
period the child progresses to the level specified in the
remediation plan, then the home instruction program shall be
removed from probation. If the child does not attain at
least seventy-five percent of the objectives specified in
the remediation plan at the end of any given semester within
the period of probation, or if after two years on probation
one hundred percent of the objectives of the remediation
plan have not been satisfied, the superintendent of schools
shall provide the parents with the notice specified in
paragraph (5) of subdivision (c) of this section and the
board of education shall review the determination of
noncompliance in accordance with such paragraph, except that
consent of the parents to such review shall not be required.
You guys must be so tired of
writing these regulations at this point.
(3) If during the period of probation the superintendent of
schools has reasonable grounds to believe that the program
of home instruction is in substantial noncompliance with
these regulations the superintendent may require one or more
home visits. Such home visit(s) shall be made only after
three days' written notice. The purpose of such visit(s)
shall be to ascertain areas of noncompliance with these
regulations and to determine methods of remediating any such
deficiencies. The home visit(s) shall be conducted by the
superintendent or by the superintendent's designee. The
superintendent may include members of a home instruction
peer review panel in the home visit team.
A couple of questions come to mind:
Does reasonable grounds pertain to the coffee beans
being used at Starbucks for their new line of cappuchinno coffees?
Hey if we relocate to Western New York, does this mean the
Buffalo Bills will come to visit us in our home since they
represent the home team....oh you said home visit team, not
home team visit.
Well that certainly was enough sarcasm for one day. No
kidding though, we were totally willing to deal with the
snow and cold temperatures, and with the excessively high
property taxes, but cannot handle nor be subjected to, the archaic
thinking of the New York State Department of Education.
Their regulations destroy the entire concept of home
education and the freedom inherent in this flexible style of
learning. We
are happy to stay in sunny California. Update: We moved to
Japan....even better. |
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 My
Story
I was fortunate to grow up in Kenmore, a very small village north of, and
adjacent to, Buffalo, New York. This was a very intimate community composed
mainly of middle class folks whose primary concerns were raising their families
and being happy.
I attended Charles A. Lindbergh elementary school from kindergarten until sixth
grade. My many years at the school were fun, I had many friends, and I actually
did learn a few things. Although it was not the same warm environment as home,
it was acceptable at least at the beginning. As the years went on though, I
found myself getting in trouble in class, mostly for being restless and talking
too much. A typical day for me meant staying after school and writing on
the blackboard....yes they were black back in the day...."I will not talk in
class" 300 times. The teachers always seemed to pick 300 times as the penalty
for some reason, almost like it was a mandate from the New York State Department
of Education. My friends were already home and playing football in the street,
while I was forced into complying with this punishment imposed on me simply
because my behavior was "disruptive" to the class.
No consideration was given then as to why I was behaving in this manner and
unable to control myself. No one bothered to realize I was bored out of my mind
and was able to comprehend the materials being taught in a quarter of the time
it took the teacher to teach them. As I progressed towards sixth grade, the
problem became more pronounced, and I found myself unable to abide by the strict
controls being place on me and my desire to learn at a faster speed.
Then came middle school and an even more structured environment. More rules,
more requirements, more restrictions, and of course, more penalties for deviant
behavior. Couple this with a much more hierarchical social structure, and middle
school simply became intolerable for me. Every day I watched as my formally
innocent elementary school friends changed, and began showing a blatant
disregard for authority, growing apathy towards studying and learning in
general, and even worse, a demoralized attitude towards their future in American
society and the World.
Enough was enough already. I began to get stomach cramps and was nauseous every
day on the way to school. The symptoms worsened until the point I was
hospitalized for a week to ascertain if there was some physiological reason for
my discomfort. After a lot of testing, it was determined my manifestations were
psychological, at which time the student counselor appointed a psychologist to
ascertain my "problem", come up with a diagnosis, and find a solution. After
being subjected to numerous psychological tests, including IQ where I scored
extremely high, I was eventually labeled with the term "school phobia", at which
time the school allowed me to drop out and study at home until I could get my
head together.
This was a new situation for such a small village....a kid who was not bad, but
simply could not handle, and did not want to go to school. The concept of home
education did not exist then....I was simply a kid who did not fit the public
school system. The stories about me began to circulate in town and went from, I
was stealing cars, to chronic drug use....BTW I never used drugs to this day,
not even cannibis, though I am an avid wine aficionado. The truth was, I stayed
home every day watching "Days of Our Lives", a daytime soap opera, spent time
studying, and in the afternoon played street football with my friends once they
escaped from school for the day.
The school continued to put pressure on me to return to class, and at age 15, I
decided to remove myself from school. The legal age to drop out of school in New
York State was 16 at that time, and in fact, is still the same as of this
writing. Since I was still 15 years old, the state would not allow me to quit
school. When I would not comply with their demand to return, New York State took
me to court. I can still vividly remember standing in the courtroom, my legs
shaking in front of the judge, and being forced to defend myself for the crime
of not wanting to go to school. The judge pulled out every trick in the book,
including intimidation stating that if I decided not to return to school, he
could and would order me to serve time in a Juvenile Detention Center, AKA Juvy,
which is effectively a secure prison or jail for persons under the age of
majority, who commit crimes....LIKE NOT GOING TO SCHOOL. I said to the judge,
"do what you need to do, but I am not returning to school", and with that the
case was dismissed.
I was fortunate and thankful my parents supported me 100 percent and were able
to convince the school and the state to allow me to leave school permanently. I
eventually took the GED, the high school diploma equivalency exam, and began
attending night school at the State University of New York at Buffalo at the age
of 17, a year before my high school graduating class. A few years later, I moved
to California, graduated from San Diego State University with a business degree,
and went to work as a real estate appraiser, eventually owning a very successful
appraisal firm in San Diego. After retiring at age 40, I returned to college,
obtained an English teaching TEFL certificate, completed a two year associates
degree program in Japanese studies, and moved to Japan where I met my wife
Akiko. We are now residing on a beautiful subtropical island called Tanegashima
in Japan,
with our three sons Shai, Lael, and Ethan, who are all being happily home educated. |
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