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New York home school laws

Suzi Milovanovic has been a mother of all kinds: stay at home mom, work from home mom, and go-the-office working mom. She blends all these perspectives in her contributions to various local and national print and online publications, tel...

Thinking about home schooling?

If you are considering the homes school option in the state of New York, there are certain pieces of information from the state legislature that you should keep in mind.

Girl being homeschooled

Homeschooling in the state of New York is dictated by Education Law § 3204(2) that states a child "may attend a public school or elsewhere." Home school regulations require parents to do the following:

1. Submit a notice of intent to home school to the district superintendent by July 1 (the beginning of the school year) annually, or within fourteen days of starting home schooling during the middle of a school year.

2. Fill out an Individualized Home Instruction Plan (IHIP) form by August 15th or within four weeks of the receipt of the IHIP form from the school district (whichever is later), containing:

  • the child's name, age, and grade level; 
  • a list of the syllabi, curriculum materials, textbooks, or a plan of instruction; 
  • dates for submission of quarterly reports; and
  • name of the person/s giving instruction. If a student will be meeting the compulsory educational requirements through full-time study at a degree-granting institution (at least 12 hours a semester) a statement indicating this must be included in the IHIP along with the subjects to be covered.

3. Maintain records of attendance (180 days). These are only required to be submitted upon request of the superintendent.


4. File quarterly reports giving:

  • The number of hours of instruction during quarter, 
  • A description of the material covered in each subject, and
  • A grade or narrative evaluation in each subject (the superintendent has no authority to judge the adequacy of these reports)

5. File an annual assessment with the last quarterly report. The assessment can either be a norm-referenced achievement test, or a written narrative evaluation.

The achievement test referenced can be administered by a certified teacher or by another "qualified person." A certified teacher, a home instruction peer group review panel, or other person can conduct the written narrative evaluation.

A parent could potentially administer the achievement test or conduct the written narrative evaluation. However, unless the assessment is administered at the local public school or a registered nonpublic school the parent is to choose the individual "with the consent of the superintendent."

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