|03/23/05||REFERRED TO EDUCATION|
|05/17/05||1ST REPORT CAL.1087|
|05/18/05||2ND REPORT CAL.|
|05/23/05||ADVANCED TO THIRD READING|
|06/15/05||AMENDED ON THIRD READING 3641A|
STATE OF NEW YORK ________________________________________________________________________ 3641--A Cal. No. 1087 2005-2006 Regular Sessions IN SENATE March 23, 2005 ___________ Introduced by Sen. WINNER -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to home instruction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph d of subdivision 2 of section 3210 of the educa- 2 tion law is amended to read as follows: 3 d. Exception. In applying the foregoing requirements a minor required 4 to attend upon full time day instruction by the provisions of this part 5 [
one of this article] may be permitted to attend for a shorter school 6 day or for a shorter school year or for both, provided, in accordance 7 with the regulations of the state education department, the instruction 8 he or she receives has been approved by the school authorities as being 9 substantially equivalent in amount and quality to that required by the 10 provisions of this part [ one of this article]. Provided, however, that 11 home instruction of a minor shall be in accordance with section three 12 thousand two hundred twenty-nine of this part. 13 § 2. The education law is amended by adding a new section 3229 to read 14 as follows: 15 § 3229. Home instruction. Notwithstanding any other provision of law, 16 to the extent that any provision of this section is inconsistent with 17 any other state or local law, rule or regulation, the provisions of this 18 section shall govern and be controlling. 1. Notice of intention to 19 instruct at home. a. Except as otherwise provided in paragraph b of this 20 subdivision, parents or other persons in parental relation to a student 21 of compulsory school attendance age shall annually provide written 22 notice to the superintendent of schools of their school district of 23 residence of their intention to educate their child at home by July EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10417-03-5
S. 3641--A 2 1 first of each school year. The school year begins July first and ends 2 June thirtieth for all purposes within this section. In the case of the 3 city school district of the city of New York, the school district of 4 residence for students who, if enrolled in the public schools, would 5 attend elementary school, intermediate school or junior high school in a 6 community school district, shall be deemed to be the community school 7 district in which the parents reside. 8 b. Parents who determine to commence home instruction after the start 9 of the school year, or who establish residence in the school district 10 after the start of the school year, shall provide written notice of 11 their intention to educate their child at home within fourteen days 12 following the commencement of home instruction within the school 13 district. 14 2. Attendance requirements. Each child shall attend upon instruction 15 as follows: The substantial equivalent of one hundred eighty days of 16 instruction shall be provided each school year. The cumulative hours of 17 instruction for grades one through six shall be nine hundred hours per 18 year. The cumulative hours of instruction for grades seven through 19 twelve shall be nine hundred ninety hours per year. Absences shall be 20 permitted on the same basis as provided in the policy of the school 21 district for its own students. Records of attendance shall be maintained 22 by the parent and shall be made available to the school district upon 23 request. Instruction provided at a site other than the primary residence 24 of the parents shall be provided in a building which has not been deter- 25 mined to be in violation of the local building code. 26 3. Annual assessment. The parent shall file an annual assessment in 27 accordance with this subdivision. The annual assessment shall include 28 the results of a commercially published norm-referenced achievement test 29 which meets the requirements of paragraph a of this subdivision, or an 30 alternative form of evaluation which meets the requirements of paragraph 31 b of this subdivision. 32 a. Commercially published norm-referenced achievement tests. (1) The 33 test shall be selected by the parent from one of the following: a 34 nationally-normed standardized achievement test, a state education 35 department test, or another test approved by the state education depart- 36 ment. 37 (2) The test shall be administered in accordance with one of the 38 following options, to be selected by the parents: 39 (i) at the public school, by its professional staff; 40 (ii) at a registered nonpublic school, by its professional staff, 41 provided that the consent of the chief school officer of the nonpublic 42 school is obtained; 43 (iii) at a nonregistered nonpublic school, by its professional staff, 44 provided that the consent of the chief school officer of the nonpublic 45 school is obtained; or 46 (iv) at the parents' home or at any other reasonable location, by a 47 New York state-certified teacher or by another qualified person. 48 (3) The test shall be scored by the persons administering the test or 49 by a testing service chosen by the parent. 50 (4) The test shall be provided by the school district upon request by 51 the parent, provided that the cost of any testing facilities, transpor- 52 tation, and/or personnel for testing conducted at a location other than 53 the public school shall be borne by the parent. 54 (5) If a score on a test is determined to be inadequate, the program 55 shall be placed on probation pursuant to paragraph d of this subdivi- 56 sion. A student's score shall be deemed adequate if: the student has a
S. 3641--A 3 1 composite score above the thirty-third percentile on national norms; or 2 the student's score reflects one academic year of growth as compared to 3 a test administered during or subsequent to the prior school year. 4 b. Alternative evaluation methods. An alternative form of evaluation 5 shall be permitted to be chosen by the parent only as follows: for 6 grades one through twelve, a written narrative prepared by a person 7 specified in this paragraph. For the purposes of this paragraph, the 8 person who prepares the written narrative shall be a New York state-cer- 9 tified teacher or a home instruction peer group review panel who has 10 interviewed the child and reviewed a portfolio of the child's work. Such 11 person or panel shall certify either that the child has made adequate 12 academic progress or that the child has failed to make adequate 13 progress. In the event that such child has failed to make adequate 14 progress, the home instruction program shall be placed on probation 15 pursuant to paragraph d of this subdivision. The certified teacher or 16 peer group review panel shall be chosen by the parent. Any resulting 17 cost shall be borne by the parent. 18 c. Disputes. If a dispute arises between the parents and the super- 19 intendent of schools, including disputes over the administration of the 20 commercially published norm-referenced achievement test or the use of 21 alternative evaluation methods, the parents may appeal to the board of 22 education. If the parents disagree with the determination of the board 23 of education, the parents may appeal to the commissioner within thirty 24 days of receipt of the board's final determination. 25 d. Probation. (1) If a child's annual assessment fails to comply with 26 the requirements of this subdivision, the home instruction program shall 27 be placed on probation for a period of up to two school years. The 28 parent shall be required to submit a plan of remediation which addresses 29 the deficiencies in the child's achievement, and seeks to remedy such 30 deficiencies. The plan shall be reviewed by the school district. The 31 school district may require the parents to make changes in the plan 32 prior to acceptance. 33 (2) If after the end of any semester of the probationary period, the 34 child progresses to the level specified in the remediation plan, then 35 the home instruction program shall be removed from probation. If the 36 child does not attain at least seventy-five percent of the objectives 37 specified in the remediation plan at the end of any given semester with- 38 in the period of probation, or if after two years on probation one 39 hundred percent of the objectives of the remediation plan have not been 40 satisfied, the superintendent of schools shall provide the parents with 41 notice and the board of education shall review the determination of 42 noncompliance in accordance with this paragraph, except that consent of 43 the parents to such review shall not be required. 44 § 3. This act shall take effect on the first of July next succeeding 45 the date on which it shall have become a law.
BILL NUMBER: S3641A SPONSOR: WINNER
TITLE OF BILL: An act to amend the education law, in relation to home instruction   PURPOSE: To simplify the regulation of procedures and standards regarding home instruction.   SUMMARY OF PROVISIONS: A new section 3229 of the Education Law is created, to govern procedures and standards regarding home instruction. Requirements include notice of intent to instruct at home, standard attendance requirements, annual assessment requirements, by either commercially published norm-refer- enced achievement tests or by alternative evaluation in the form of a written narrative, and probation procedures. Conforming amendments are made to section 3210 of the Education Law.   EXISTING LAW: Currently, home instruction procedures and standards are provided by part 100.10 of the Commissioner of Education's regulations.   JUSTIFICATION: Modifying the regulations on home instruction has the potential to reduce administrative burdens for the home schooling family, the local school district and the State Education Department.   LEGISLATIVE HISTORY: 2001-02, S.4767-Committed to Rules, A.11364-Referred to Education 2003-04, S.2060-Passed Senate, A.4598-Referred to Education   FISCAL IMPLICATIONS: None.   LOCAL FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first day of July next succeeding the date on which it shall have become a law.