1741-R, Compliance of a Home Plan

COMPLIANCE OF A HOME PLAN

1. Within 10 business days of notice of the parent(s)/guardian(s)’ intent to instruct a child of compulsory school age at home, the District must send the parent(s)/guardian(s) a copy of the Regulations of the Commissioner of Education governing IHIPS (Section 100.10) and an individualized home instruction application form.
2. Within 4 weeks of receipt of the IHIP information and packet the parent(s)/guardian(s) must complete the IHIP application and submit it to the District.
   *Upon the parent(s)/guardian(s) ‘ request, the District [Superintendent/designated personnel] will assist the parent(s)/guardian(s) in completing the IHIP form.
3. Within 10 business days of receipt of the IHIP, the Superintendent or designee will issue a written determination either notifying the parent(s)/guardian(s) that the IHIP complies with the Regulations of the Commissioner or identifying that it is deficient. If the IHIP is found deficient, the Superintendent or designee will notify the parent(s)/guardian(s) as to the specific deficiencies.
4. If the IHIP is found deficient, the parent(s)/guardian(s) must resubmit a revised plan within 15 days addressing deficiencies or return the student to school.
5. Within 15 days of receipt of the revised IHIP, the Superintendent or designee must review it for compliance and will either find that the IHIP meets the requirements set forth in Part 100, Section 100.10 or reject the plan and provide written notice of its continuing deficiencies to the parent(s)/guardian(s). If the plan is rejected as deficient, the Superintendent or designee must also notify the parent(s)/guardian(s) at least 10 days prior to the next Board of Education meeting. The Board must be notified at least three (3) business days prior to that meeting of any parental/guardian challenges to the finding of deficiency. If the parent(s)/guardian(s) elect to appeal to the Board, they must be permitted to present proof of compliance. The Board of Education will review the Superintendent or designee’s determination. If the parent(s)/guardian(s) do not appeal a finding of noncompliance after being given the opportunity to submit a revised plan, the student must return to school or the parent(s) guardian(s) must arrange for the student to attend another public school or equivalent education program (i.e. a private or parochial school).
6. If the Board of Education also concludes that the IHIP fails to meet the requirements set forth at 100.10 of the Regulations of the Commissioner, the Board must issue written notice of its findings and provide the parent(s)/guardian(s) notice of their right to appeal the Board’s determination to the Commissioner of Education within 30 days.
7. Unless the IHIP is found compliant or an appeal is pending, the student must return to the public school or receive instruction elsewhere (i.e. a private, parochial school or another public school).
8. If the student does not return to the public school, the parent(s)/guardian(s) must notify the district within 10 days of the school where the student is enrolled.

MONITORING THE IHIP

• Parent(s)/guardian(s) must submit quarterly reports to the District for each child on an IHIP on the dates specified in the plan. Each report must contain the following information:
  • the total number of hours of instruction received during the quarter
  • a description of the material covered in each subject listed on the IHIP
  • either a grade for the child in each subject or a narrative evaluating the child’s progress and
  • if less than 80% of the course material outlined in the IHIP was covered in any subject the report must include a written explanation
  • an annual assessment report must be submitted with the fourth quarter report. The annual assessment must include:
  • A commercially produced norm-referenced achievement test. Parent(s)/guardian(s) may select one of the following:
    • IOWA Test of Basic Skills California Achievement Test
    • Stanford Achievement Test
    • Comprehensive Test of Basic Skills
    • Metropolitan Achievement Test
    • State Education Department assessment or an assessment approved by the State Education Department
  • The test must be administered by one of the following:
    • Member of the professional staff qualified to administer the examination at a public school;
    • Member of the professional staff qualified to administer the examination at a registered non-public school (with the consent of the chief school officer of the non-public school);
    • New York State certified teacher;
    • An individual approved by the Superintendent or designee after review of certification.
  • The test may be administered in the parent(s)/guardian(s)’ home or any other reasonable location (e.g. a library, community center).
  • The test must be scored by the qualified individual administering the test or by other another individual mutually agreeable to the parent(s)/guardian(s) and the Superintendent or designee.
  • The test shall be provided by the school district upon request of the parent(s)/guardian(s). The cost of the testing facility, as well as related costs, (e.g. transportation, test administration) are assumed by the parents when testing is conducted at a location other than the public school. If a parent/guardian requests to take a regents or other state assessment they must notify the Director of Pupil Services by March 1 of the school year in which the test is administered.
  • If the student’s annual assessment score is below 33% on national norms, or reflects less than one year of growth as compared to the score earned the prior school year, the home school program shall be placed on probation.
  • Alternative evaluation is permissible. The evaluator must provide a written narrative of the student’s progress after conducting an interview with the student and reviewing a portfolio of the student’s work. The evaluator must certify in writing whether the student made (or failed to make) adequate academic progress after reviewing the student’s portfolio of work and conducting the student interview. The evaluator must be a New York State certified teacher, a home school peer group review panel or an individual who is mutually agreeable to the parent(s)/guardian(s) and the Superintendent or designee. Parent(s)/guardian(s) must request the consent of the Superintendent or designee if they would like to use someone other than a New York State certified teacher or a home school peer review group to conduct the narrative evaluation before proceeding with an alternative evaluation. Note that for grades 4-8, alternative format evaluation may not be used more frequently than every other year. If the student fails to make adequate academic progress, the home school program is placed on probation.
  • If there is a dispute between the parent(s)/guardian(s) and the Superintendent or designee with respect to the evaluation method, the form or test, the location, or the administration of the assessment (including who is qualified to conduct the annual or narrative assessment), the parent(s)/guardian(s) may appeal to the Board of Education. If the parent(s)/guardian(s) disagree with the determination of the Board of Education, they may appeal to the Commissioner of Education within 30 days of receipt of the Board’s decision.

PROBATIONARY REVIEW OF THE IHIP

1. If the student does not demonstrate adequate academic progress, the Home Instruction Pro gram may be placed on pro bat ion, for up to two school years. The parent(s)/guardian(s) must submit a plan of remediation to address the student’s lack of progress and take steps to remedy the situation. The remediation plan shall be reviewed by the District. If the remediation plan does not address all of the deficiencies, the parent(s)/guardian(s) may be required to make changes before the plan is accepted. Submission of a remediation plan does not excuse a parent(s)/guardian(s)’ obligation to submit a compliant IHIP for the subsequent school year, should they elect to continue to home instruct the student.
2. If a student makes progress consistent with the remediation plan at the end of any semester, the Home Instruction Program must be removed from probation. However, if the student fails to attain 75% of the objectives in the remediation plan by the end of any given semester, or if after two years the student has not attained 100% of the objectives in the remediation plan, the Superintendent or designee must notify the parent(s)/guardian(s) that the terms of the plan have not been met and the Board of Education will review the noncompliance.
3. If, during the period of probation, the Superintendent or designee has reasonable grounds to believe the home instruction plan is in substantial noncompliance with the Regulations the Superintendent or designee may require one or more home visits. Parent(s)/guardian(s) must be given at least three (3) days notice prior to a home visit. The purpose of a home visit is to ascertain areas of noncompliance and to determine methods of remediation of the any deficiencies. Home visits may be conducted by the Superintendent or designee. The Superintendent or designee may designate members of a home school peer review team to
   conduct a home visit.

Provision of Services to Home-Schooled Students

A high school diploma may only be awarded to a student enrolled in a registered secondary school, who has completed all program requirements established by the Board of Regents and the school district. A home-schooled student will not be issued a high school diploma.

a. Extracurricular Participation
In accordance with Commissioner’s Regulations Part 100, Section 100.10 mandates that only students enrolled in the public school are allowed to participate in interscholastic sports. In addition, home-schooled students shall not be permitted to participate in intramural sports or other school sponsored, non-credit bearing extracurricular activities (e.g. clubs, music lessons).

b. Textbooks and Materials
The District is not required to loan textbooks and/or other materials (e.g., library materials, microscopes, computer software, movie projectors) to home-schooled students and shall not provide textbooks and/or other materials to home-schooled students.

c. Health Services
The School District does not furnish health services to home-schooled students.

d. Remedial Programs
The District is not responsible for providing remedial programs to home schooled students.

e. English as a New Language (ENL) Limited English Proficiency (LEP)
The District is not responsible for providing ENL or LEP instruction. The parent(s)/guardian(s) must address instruction in the English language as part of their home school program.

f. Career and Technical/Gifted Education
The District is not authorized to provide Occupational and Vocational Education programs (career and technical education) nor programs for the Gifted to home-schooled students.

g. Special Education Services
New York State deems home-schooled students as enrolled in a “non-public school” solely for purposes of receiving special education services during the regular school year pursuant to Education Law 3602-c.

To be eligible for special education services, the home-schooled student must be a District resident and meet the eligibility criteria established in Part 200 of the Commissioner’s Regulations for classification as a student with a disability. The Committee on Special Education (CSE) shall develop an Individualized Education Services Plan (IESP) for the student, which will be developed in the same manner as an IEP, but will take into consideration the parent(s)/guardian(s)’ decision to home instruct their child. The District will determine the location where special education services will be made available to the home-schooled student. Parent(s)/guardian(s) who disagree with the recommendation of the CSE regarding the IESP may initiate due process as set forth in Part 200.5 of the Commissioner’s Regulations and Education Law 4404.

Special education services for students who are currently classified under IDEA must be made in writing on or before June 1 preceding the school year for which services are being requested. If a student is identified as a student with a disability after the start of the schoo1 year, the parent(s)/guardian(s) must request IESP services within 30 days from the date the student is first identified. For classified students who transfer into the District, a request for IESP services must be submitted within 30 days of the change in their residence.

h. Use of School Facilities
Students instructed at home shall not be allowed to use school facilities, except as provided for community organizations in Policy #1500, Use of Facilities.

Authority: New York Education Law§§ 3204, 3205 (2)(c)(ii), 3210(2)(d) and 3212(2)(d); 3602- c; 3241; 3241; 4402; Commissioner’s Regulations 8 NYCRR §§100.10; 135.4(c)(7)(ii)(b)(2); 200.l(zz); 200.2(a); 200.4 and 200.5.

Regulation Adopted: June 29, 2015