1741 Home Instruction/Schooling Provided by Parents/Guardians

New York State Education Law permits parents/guardians the opportunity to educate their children at home. To comply with this law, home schooled children of compulsory school attendance age must:

• Receive full-time instruction and
• Receive an education substantially equivalent to that provided by the child’s public school district of residence.

To abide by this law, the Board of Education shall ensure that children, whose parents/guardians choose to home school, are taught by a competent instructor and receive an education substantially equivalent to that offered in the Brentwood Public Schools.

Parents/Guardians who wish to educate their children at home must submit to the District an Individual Home Instruction Plan (IHIP), outlining the educational goals to be met and the course materials and syllabi to be used each year for the child's learning process. The District may accept or deny an IHIP. Parents/Guardians must submit quarterly reports to the Superintendent of Schools or his/her designee that will provide the District with the necessary information to make determinations of substantial equivalency and competency of instruction on an ongoing basis.

If the Superintendent of Schools or his/her designee determines that an IHIP is not in compliance with the Regulations of the Commissioner of Education, parents/guardians may appeal to the Board of Education. Parents/Guardians shall have the right to appeal the final determination of the Board to the Commissioner of Education within 30 days of receipt of such determination.

A student with an IHIP, who is a resident of the school district and has a disability, or is suspected of having a disability, is eligible to receive services from the school district, in accordance with law, regulation and district policy (4321 et. Seq.). A parent/guardian must request special education services in writing to the Board by June 1st, unless the child is first identified or moves into the district after June 1st. In that case, the parent/guardian must request the services within 30 days of being identified or of moving into the district.

Special education services will be provided on an equitable basis compared to programs and services provided to other students with disabilities attending public or nonpublic schools within the district. The Board will determine the location where services will be available to home schooled students.

Students instructed at home by their parents are not entitled to participate in interscholastic or intramural sports. However, the Board shall permit such students to participate in other school-sponsored extracurricular activities. Specifically, the Board will permit home-schooled students to:

• Participate in non-credit-bearing organized school activities such as clubs
• Participate in band and/or receive music lessons only if these activities are considered to be extra-curricular (not credit-bearing or graded or required for class);
• Use school facilities such as the library, career information center and gymnasium if there is mutual agreement on the part of all involved parties.

Instructional Materials

The Board authorizes the Superintendent to loan instructional materials, if available, to students receiving home instruction. The Superintendent or his/her designee shall determine the availability of resources and develop appropriate procedures.

Cross-ref: 4321, Programs for Students with Disabilities, et seq.

Ref:
Education Law §§ 3204(2); 3210(2)(d); 3602-c(2-c)
8 NYCRR §§ 100.10; 135.1; 135.4
Appeal of Ponte, 41 EDR 174 (2001)
Matter of Abookire, 33 EDR 473 (1994)
State Education Department Memorandum, “New Requirements for the Provision of Special Education Services to Home-Instructed (“Home-Schooled”) Students, July 2008 State Education Department Memorandum, “Home Instruction Questions and Answers,”http://www.p12.nysed.gov/sss/homeinstruction/homeschoolingqanda.html, Sept. 2016

Education Law §3202(4)
8 NYCRR §100.10
Matter of Abookire, 33 EDR 473 (1994)

Approved by the Board of Education: 11/20/08
Revision approved by the Board of Education: 03/15/18

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