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.