S T A T E   O F   N E W   Y O R K
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                                  4788

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 17, 2015
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

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:

  Section  1. Paragraph d of subdivision 2 of section 3210 of the educa-
tion law is amended to read as follows:
  d. Exception. In applying the foregoing requirements a minor  required
to  attend upon full time day instruction by the provisions of THIS part
[one of this article] may be permitted to attend for  a  shorter  school
day  or  for a shorter school year or for both, provided, [in accordance
with the regulations of the state education department,] the instruction
he OR SHE receives has been approved by the school authorities as  being
substantially  equivalent  in amount and quality to that required by the
provisions of THIS part [one of this article].  HOME  INSTRUCTION  OF  A
MINOR  THAT  IS  CONDUCTED IN ACCORDANCE WITH SECTION THREE THOUSAND TWO
HUNDRED TWENTY-NINE OF THIS PART SHALL BE DEEMED  TO  COMPLY  WITH  THIS
SECTION  AND  SUBDIVISION TWO OF SECTION THREE THOUSAND TWO HUNDRED FOUR
OF THIS PART.
  S 2. The education law is amended by adding a new section 3229 to read
as follows:
  S 3229. HOME INSTRUCTION. THE PURPOSE OF THIS SECTION IS TO  ESTABLISH
PROCEDURES TO ASSIST SCHOOL AUTHORITIES IN FULFILLING THEIR RESPONSIBIL-
ITY UNDER SUBDIVISION TWO OF SECTION THREE THOUSAND TWO HUNDRED FOUR AND
PARAGRAPH D OF SUBDIVISION TWO OF SECTION THREE THOUSAND TWO HUNDRED TEN
OF  THIS  PART AND TO ASSIST PARENTS WHO EXERCISE THEIR RIGHT TO PROVIDE
REQUIRED INSTRUCTION AT  HOME  TO  SUCH  STUDENTS  IN  FULFILLING  THEIR
RESPONSIBILITIES  PURSUANT  TO SUBDIVISION TWO OF SECTION THREE THOUSAND
TWO HUNDRED TWELVE OF THIS PART.   COMPLIANCE WITH THIS  SECTION  DEMON-
STRATES  THE COMPETENCY OF THE INSTRUCTOR AND VERIFIES THAT THE INSTRUC-
TION BEING PROVIDED AT HOME TO STUDENTS OF COMPULSORY SCHOOL  ATTENDANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07873-01-5
              

S. 4788                             2

AGE  IS  SUBSTANTIALLY  EQUIVALENT  AS  REQUIRED  BY  SUBDIVISION TWO OF
SECTION THREE THOUSAND TWO HUNDRED FOUR OF  THIS  PART.  NOTWITHSTANDING
ANY  OTHER  PROVISION  OF  LAW, TO THE EXTENT THAT ANY PROVISION OF THIS
SECTION  IS  INCONSISTENT  WITH ANY OTHER LOCAL LAW, RULE OR REGULATION,
THE PROVISIONS OF THIS SECTION SHALL GOVERN AND BE CONTROLLING.
  1. NOTICE OF INTENTION TO INSTRUCT AT HOME.
  A. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH B  OF  THIS  SUBDIVISION,
PARENTS OR OTHER PERSONS IN PARENTAL RELATION TO A STUDENT OF COMPULSORY
SCHOOL  ATTENDANCE  AGE  SHALL  ANNUALLY  PROVIDE  WRITTEN NOTICE TO THE
SUPERINTENDENT OF SCHOOLS OF THEIR SCHOOL DISTRICT OF RESIDENCE OF THEIR
INTENTION TO EDUCATE THEIR CHILD AT HOME BY JULY FIRST  OF  EACH  SCHOOL
YEAR.  THE SCHOOL YEAR BEGINS JULY FIRST AND ENDS JUNE THIRTIETH FOR ALL
PURPOSES WITHIN THIS SECTION. THE CENTRAL OFFICE  OF  HOMESCHOOLING  MAY
RECEIVE  THE  NOTICE  OF  INTENT  AND  OTHER SUCH DOCUMENTATION FOR HOME
INSTRUCTION STUDENTS WHO RESIDE WITHIN NEW YORK CITY.
  B. PARENTS WHO DETERMINE TO COMMENCE HOME INSTRUCTION AFTER THE  START
OF  THE  SCHOOL  YEAR, OR WHO ESTABLISH RESIDENCE IN THE SCHOOL DISTRICT
AFTER THE START OF THE SCHOOL YEAR,  SHALL  PROVIDE  WRITTEN  NOTICE  OF
THEIR  INTENTION  TO  EDUCATE  THEIR  CHILD AT HOME WITHIN FOURTEEN DAYS
FOLLOWING  THE  COMMENCEMENT  OF  HOME  INSTRUCTION  WITHIN  THE  SCHOOL
DISTRICT.
  2.  PROCEDURES  FOR  DEVELOPMENT  AND REVIEW OF AN INDIVIDUALIZED HOME
INSTRUCTION PLAN (IHIP).
  A. WITHIN TEN BUSINESS DAYS OF THE RECEIPT OF THE NOTICE OF  INTENTION
TO  INSTRUCT  AT  HOME,  THE SCHOOL DISTRICT SHALL SEND TO THE PARENTS A
COPY OF THIS SECTION AND A FORM ON WHICH  TO  SUBMIT  AN  INDIVIDUALIZED
HOME INSTRUCTION PLAN (IHIP) FOR EACH CHILD OF COMPULSORY ATTENDANCE AGE
WHO IS TO BE TAUGHT AT HOME.
  B.  WITHIN  FOUR  WEEKS OF THE RECEIPT OF SUCH MATERIALS, OR BY AUGUST
FIFTEENTH, WHICHEVER IS LATER, THE PARENT SHALL SUBMIT A COMPLETED  IHIP
TO  THE SCHOOL DISTRICT. THE DISTRICT SHALL PROVIDE ASSISTANCE IN PREPA-
RATION OF THE FORMS, IF REQUESTED BY THE PARENTS. THE PARENTS MAY SUBMIT
THE IHIP ON THE SCHOOL DISTRICT FORM OR ON ANOTHER  FORM  THAT  INCLUDES
THE REQUIRED INFORMATION.
  C. WITHIN TEN BUSINESS DAYS OF RECEIPT OF THE IHIP, OR BY AUGUST THIR-
TY-FIRST,  WHICHEVER  IS  LATER, THE SCHOOL DISTRICT SHALL EITHER NOTIFY
THE PARENTS IN WRITING THAT THE IHIP COMPLIES WITH THE  REQUIREMENTS  OF
SUBDIVISIONS  THREE  AND  FOUR OF THIS SECTION OR SHALL GIVE THE PARENTS
WRITTEN NOTICE OF ANY DEFICIENCY IN THE IHIP.
  D. WITHIN FIFTEEN DAYS OF RECEIPT OF A NOTICE OF A DEFICIENCY  IN  THE
IHIP,  OR  BY SEPTEMBER FIFTEENTH, WHICHEVER IS LATER, THE PARENTS SHALL
SUBMIT A REVISED IHIP WHICH CORRECTS ANY SUCH DEFICIENCIES.
  E. THE SUPERINTENDENT OF SCHOOLS SHALL REVIEW  THE  REVISED  IHIP  AND
SHALL  NOTIFY  THE  PARENTS  IN  WRITING  AS TO WHETHER THE REVISED IHIP
COMPLIES WITH SUBDIVISIONS THREE AND FOUR OF THIS SECTION WITHIN FIFTEEN
DAYS OF RECEIPT OF THE REVISED IHIP OR BY SEPTEMBER THIRTIETH, WHICHEVER
IS LATER. IF THE REVISED IHIP IS DETERMINED NOT TO BE IN COMPLIANCE WITH
SUBDIVISIONS THREE AND FOUR OF THIS SECTION, THEN THE PARENTS  SHALL  BE
NOTIFIED  IN WRITING OF THE REASONS FOR SUCH DETERMINATION.  SUCH NOTICE
SHALL ALSO CONTAIN THE DATE OF THE NEXT REGULARLY SCHEDULED  MEETING  OF
THE  BOARD  OF  EDUCATION  THAT WILL BE HELD AT LEAST TEN DAYS AFTER THE
DATE OF MAILING OF THE NOTICE, AND SHALL INDICATE THAT  IF  THE  PARENTS
WISH  TO CONTEST THE DETERMINATION OF NONCOMPLIANCE, THE PARENTS MUST SO
NOTIFY THE BOARD OF EDUCATION AT LEAST THREE BUSINESS DAYS PRIOR TO SUCH
MEETING. AT SUCH BOARD MEETING, THE PARENTS  SHALL  HAVE  THE  RIGHT  TO

S. 4788                             3

PRESENT  PROOF  OF  COMPLIANCE,  AND THE BOARD OF EDUCATION SHALL MAKE A
FINAL DETERMINATION OF COMPLIANCE OR NONCOMPLIANCE.
  F.  THE  PARENTS  SHALL HAVE THE RIGHT TO APPEAL ANY SUCH FINAL SCHOOL
DISTRICT DETERMINATION OF NONCOMPLIANCE TO THE COMMISSIONER WITHIN THIR-
TY DAYS AFTER RECEIPT OF SUCH DETERMINATION.
  G. WHEN ADMINISTRATIVE REVIEW OF A SCHOOL  DISTRICT  DETERMINATION  OF
NONCOMPLIANCE  IS  COMPLETED,  THE PARENTS SHALL IMMEDIATELY PROVIDE FOR
THE INSTRUCTION OF THEIR CHILDREN AT A PUBLIC  SCHOOL  OR  ELSEWHERE  IN
COMPLIANCE WITH SECTIONS THREE THOUSAND TWO HUNDRED FOUR AND THREE THOU-
SAND  TWO  HUNDRED  TEN  OF THIS PART. FOR PURPOSES OF THIS SUBDIVISION,
SUCH ADMINISTRATIVE REVIEW SHALL BE DEEMED TO BE COMPLETED WHEN  ONE  OF
THE FOLLOWING EVENTS HAS OCCURRED:
  (1)  THE  PARENTS HAVE FAILED TO CONTEST A DETERMINATION OF NONCOMPLI-
ANCE BY APPEALING TO THE BOARD OF EDUCATION;
  (2) THE PARENTS HAVE FAILED TO APPEAL A FINAL SCHOOL DISTRICT DETERMI-
NATION OF NONCOMPLIANCE TO THE COMMISSIONER; OR
  (3) THE PARENTS HAVE RECEIVED A DECISION  OF  THE  COMMISSIONER  WHICH
UPHOLDS A FINAL SCHOOL DISTRICT DETERMINATION OF NONCOMPLIANCE.
  H. WITHIN TEN DAYS AFTER ADMINISTRATIVE REVIEW OF THE DETERMINATION OF
NONCOMPLIANCE IS COMPLETED, THE PARENTS SHALL FURNISH THE SUPERINTENDENT
OF  SCHOOLS  WITH  WRITTEN  NOTICE OF THE ARRANGEMENTS THEY HAVE MADE TO
PROVIDE THEIR CHILDREN WITH THE REQUIRED INSTRUCTION, EXCEPT  THAT  SUCH
NOTICE  SHALL  NOT BE REQUIRED IF THE PARENTS ENROLL THEIR CHILDREN IN A
PUBLIC SCHOOL.
  3. CONTENT  OF  INDIVIDUALIZED  HOME  INSTRUCTION  PLAN  (IHIP).  EACH
CHILD'S IHIP SHALL CONTAIN:
  A. THE CHILD'S NAME, AGE AND GRADE LEVEL;
  B.  A  LIST OF THE SYLLABI, CURRICULUM MATERIALS, TEXTBOOKS OR PLAN OF
INSTRUCTION TO BE USED IN EACH OF THE REQUIRED SUBJECTS LISTED IN SUBDI-
VISION FOUR OF THIS SECTION; AND
  C. THE NAMES OF THE INDIVIDUALS PROVIDING INSTRUCTION.
  IF THE HOME INSTRUCTION STUDENT WILL BE MEETING THE COMPULSORY  EDUCA-
TIONAL  REQUIREMENTS  OF SECTION THREE THOUSAND TWO HUNDRED FIVE OF THIS
PART THROUGH FULL-TIME STUDY AT A DEGREE-GRANTING INSTITUTION  THEN  THE
IHIP  SHALL IDENTIFY THE DEGREE-GRANTING INSTITUTION AND THE SUBJECTS TO
BE COVERED. FOR THE PURPOSE OF THIS SUBDIVISION  FULL-TIME  STUDY  AT  A
DEGREE-GRANTING  INSTITUTION  SHALL  MEAN ENROLLMENT FOR AT LEAST TWELVE
SEMESTER HOURS IN A SEMESTER.
  4. REQUIRED COURSES.   A. FOR PURPOSES OF  THIS  SUBDIVISION,  A  UNIT
MEANS  THE INSTRUCTIONAL EQUIVALENT OF SIXTY-FOUR HUNDRED EIGHTY MINUTES
OF INSTRUCTION PER SCHOOL YEAR.
  B. INSTRUCTION IN THE FOLLOWING SUBJECTS SHALL BE REQUIRED:
  (1) FOR GRADES ONE THROUGH SIX: ARITHMETIC, READING,  SPELLING,  WRIT-
ING,  THE  ENGLISH  LANGUAGE, GEOGRAPHY, UNITED STATES HISTORY, SCIENCE,
HEALTH EDUCATION, MUSIC,  VISUAL  ARTS,  PHYSICAL  EDUCATION,  BILINGUAL
EDUCATION  AND/OR  ENGLISH  AS A SECOND LANGUAGE WHERE THE NEED IS INDI-
CATED.
  (2) FOR GRADES SEVEN AND  EIGHT:  ENGLISH  (TWO  UNITS);  HISTORY  AND
GEOGRAPHY  (TWO  UNITS);  SCIENCE  (TWO UNITS); MATHEMATICS (TWO UNITS);
PHYSICAL EDUCATION (ON A REGULAR BASIS); HEALTH EDUCATION (ON A  REGULAR
BASIS); ART (ONE-HALF UNIT); MUSIC (ONE-HALF UNIT); PRACTICAL ARTS (ON A
REGULAR  BASIS);  AND  LIBRARY  SKILLS  (ON  A REGULAR BASIS). THE UNITS
REQUIRED IN THIS  SUBPARAGRAPH  ARE  CUMULATIVE  REQUIREMENTS  FOR  BOTH
GRADES SEVEN AND EIGHT.

S. 4788                             4

  (3)  THE  FOLLOWING  COURSES  SHALL BE TAUGHT AT LEAST ONCE DURING THE
FIRST EIGHT GRADES: UNITED STATES HISTORY, NEW YORK STATE  HISTORY,  AND
THE CONSTITUTIONS OF THE UNITED STATES AND NEW YORK STATE.
  (4)  FOR  GRADES  NINE  THROUGH  TWELVE:  ENGLISH (FOUR UNITS); SOCIAL
STUDIES (FOUR UNITS), WHICH INCLUDES ONE UNIT OF AMERICAN HISTORY,  ONE-
HALF  UNIT  IN PARTICIPATION IN GOVERNMENT, AND ONE-HALF UNIT OF ECONOM-
ICS; MATHEMATICS (TWO UNITS); SCIENCE (TWO UNITS); ART AND/OR MUSIC (ONE
UNIT); HEALTH EDUCATION (ONE-HALF UNIT); PHYSICAL EDUCATION (TWO UNITS);
AND THREE UNITS OF ELECTIVES. THE UNITS REQUIRED  IN  THIS  SUBPARAGRAPH
ARE CUMULATIVE REQUIREMENTS FOR GRADES NINE THROUGH TWELVE.
  (5)  THE FOLLOWING SUBJECTS ARE TO BE COVERED DURING GRADES KINDERGAR-
TEN THROUGH TWELVE:
  (I) PATRIOTISM AND CITIZENSHIP;
  (II) HEALTH EDUCATION REGARDING ALCOHOL, DRUG AND TOBACCO MISUSE;
  (III) HIGHWAY SAFETY AND TRAFFIC REGULATIONS, INCLUDING BICYCLE  SAFE-
TY; AND
  (IV) FIRE AND ARSON PREVENTION AND SAFETY.
  5.  ATTENDANCE  REQUIREMENTS. EACH CHILD SHALL ATTEND UPON INSTRUCTION
AS FOLLOWS: THE SUBSTANTIAL EQUIVALENT OF ONE  HUNDRED  EIGHTY  DAYS  OF
INSTRUCTION  SHALL BE PROVIDED EACH SCHOOL YEAR. THE CUMULATIVE HOURS OF
INSTRUCTION FOR GRADES ONE THROUGH SIX SHALL BE NINE HUNDRED  HOURS  PER
YEAR.  THE  CUMULATIVE  HOURS  OF  INSTRUCTION  FOR GRADES SEVEN THROUGH
TWELVE SHALL BE NINE HUNDRED NINETY HOURS PER YEAR.  ABSENCES  SHALL  BE
PERMITTED  ON  THE  SAME  BASIS  AS PROVIDED IN THE POLICY OF THE SCHOOL
DISTRICT FOR ITS OWN STUDENTS. RECORDS OF ATTENDANCE SHALL BE MAINTAINED
BY THE PARENT AND SHALL BE MADE AVAILABLE TO THE  SCHOOL  DISTRICT  UPON
REQUEST. INSTRUCTION PROVIDED AT A SITE OTHER THAN THE PRIMARY RESIDENCE
OF THE PARENTS SHALL BE PROVIDED IN A BUILDING WHICH HAS NOT BEEN DETER-
MINED TO BE IN VIOLATION OF THE LOCAL BUILDING CODE.
  6.  ANNUAL  ASSESSMENT.  THE PARENT SHALL FILE AN ANNUAL ASSESSMENT IN
ACCORDANCE WITH THIS SUBDIVISION BY JULY THIRTIETH.  THE ANNUAL  ASSESS-
MENT  SHALL  INCLUDE THE RESULTS OF A COMMERCIALLY PUBLISHED NORM-REFER-
ENCED ACHIEVEMENT TEST WHICH MEETS THE REQUIREMENTS OF  PARAGRAPH  A  OF
THIS  SUBDIVISION,  OR AN ALTERNATIVE FORM OF EVALUATION WHICH MEETS THE
REQUIREMENTS OF PARAGRAPH B OF THIS SUBDIVISION.
  A. COMMERCIALLY PUBLISHED NORM-REFERENCED ACHIEVEMENT TESTS.
  (1) THE TEST SHALL BE SELECTED BY THE PARENT FROM ONE OF  THE  FOLLOW-
ING:  A  NATIONALLY  STANDARDIZED  ACHIEVEMENT  TEST,  A STATE EDUCATION
DEPARTMENT TEST, OR ANOTHER TEST APPROVED BY THE STATE EDUCATION DEPART-
MENT.
  (2) THE TEST SHALL BE ADMINISTERED  IN  ACCORDANCE  WITH  ONE  OF  THE
FOLLOWING OPTIONS, TO BE SELECTED BY THE PARENTS:
  (I) AT THE PUBLIC SCHOOL, BY ITS PROFESSIONAL STAFF;
  (II)  AT  A  REGISTERED  NONPUBLIC  SCHOOL, BY ITS PROFESSIONAL STAFF,
PROVIDED THAT THE CONSENT OF THE CHIEF SCHOOL OFFICER OF  THE  NONPUBLIC
SCHOOL IS OBTAINED;
  (III)  AT A NONREGISTERED NONPUBLIC SCHOOL, BY ITS PROFESSIONAL STAFF,
PROVIDED THAT THE CONSENT OF THE CHIEF SCHOOL OFFICER OF  THE  NONPUBLIC
SCHOOL IS OBTAINED; OR
  (IV)  AT  THE  PARENTS' HOME OR AT ANY OTHER REASONABLE LOCATION, BY A
NEW YORK STATE-CERTIFIED TEACHER OR BY ANOTHER QUALIFIED PERSON. A QUAL-
IFIED PERSON IS ANYONE WHO HAS MET  THE  TEST  PUBLISHER'S  CRITERIA  TO
ADMINISTER THE TEST.
  (3)  THE  TEST  SHALL  BE  SCORED  BY  A TESTING SERVICE CHOSEN BY THE
PARENT.

S. 4788                             5

  (4) THE TEST SHALL BE PROVIDED BY THE SCHOOL DISTRICT UPON REQUEST  BY
THE  PARENT, PROVIDED THAT THE COST OF ANY TESTING FACILITIES, TRANSPOR-
TATION, AND/OR PERSONNEL FOR TESTING CONDUCTED AT A LOCATION OTHER  THAN
THE PUBLIC SCHOOL SHALL BE BORNE BY THE PARENT.
  (5)  IF  A SCORE ON A TEST IS DETERMINED TO BE INADEQUATE, THE PROGRAM
SHALL BE PLACED ON PROBATION  PURSUANT  TO  SUBDIVISION  SEVEN  OF  THIS
SECTION.  A STUDENT'S SCORE SHALL BE DEEMED ADEQUATE IF: THE STUDENT HAS
A COMPOSITE SCORE ABOVE THE TWENTY-THIRD PERCENTILE ON  NATIONAL  NORMS;
OR  THE STUDENT'S SCORE REFLECTS ONE ACADEMIC YEAR OF GROWTH AS COMPARED
TO A TEST ADMINISTERED DURING OR SUBSEQUENT TO THE PRIOR SCHOOL YEAR.
  B. ALTERNATIVE EVALUATION METHODS. AN ALTERNATIVE FORM  OF  EVALUATION
SHALL  BE  PERMITTED TO BE CHOSEN BY THE PARENT ONLY AS FOLLOWS: (1) FOR
GRADES ONE THROUGH THREE, A WRITTEN NARRATIVE PREPARED BY A PERSON SPEC-
IFIED IN THIS PARAGRAPH; (2) FOR GRADES FOUR THROUGH TWELVE,  A  WRITTEN
NARRATIVE  PREPARED BY A PERSON SPECIFIED IN THIS PARAGRAPH. THIS ALTER-
NATIVE FORM OF EVALUATION MAY BE USED NO MORE  OFTEN  THAN  EVERY  OTHER
SCHOOL  YEAR  FOR  THESE GRADES; (3) FOR THE PURPOSES OF THIS PARAGRAPH,
THE PERSON WHO PREPARES THE  WRITTEN  NARRATIVE  SHALL  BE  A  NEW  YORK
STATE-CERTIFIED  TEACHER, A HOME INSTRUCTION PEER GROUP REVIEW PANEL, OR
OTHER PERSON, WHO HAS INTERVIEWED THE CHILD AND REVIEWED A PORTFOLIO  OF
THE  CHILD'S  WORK.  SUCH PERSON SHALL CERTIFY EITHER THAT THE CHILD HAS
MADE ADEQUATE ACADEMIC PROGRESS OR THAT THE CHILD  HAS  FAILED  TO  MAKE
ADEQUATE  PROGRESS.  IN  THE  EVENT  THAT  SUCH CHILD HAS FAILED TO MAKE
ADEQUATE PROGRESS, THE HOME  INSTRUCTION  PROGRAM  SHALL  BE  PLACED  ON
PROBATION  PURSUANT  TO SUBDIVISION SEVEN OF THIS SECTION. THE CERTIFIED
TEACHER, PEER REVIEW PANEL OR  OTHER  PERSON  SHALL  BE  CHOSEN  BY  THE
PARENT. ANY RESULTING COST SHALL BE BORNE BY THE PARENT.
  C.  IF  A DISPUTE ARISES BETWEEN THE PARENTS AND THE SUPERINTENDENT OF
SCHOOLS, INCLUDING DISPUTES OVER THE ADMINISTRATION OF THE  COMMERCIALLY
PUBLISHED  NORM-REFERENCED  ACHIEVEMENT  TEST  OR THE USE OF ALTERNATIVE
EVALUATION METHODS, THE PARENTS MAY APPEAL TO THE BOARD OF EDUCATION. IF
THE PARENTS DISAGREE WITH THE DETERMINATION OF THE BOARD  OF  EDUCATION,
THE PARENTS MAY APPEAL TO THE COMMISSIONER WITHIN THIRTY DAYS OF RECEIPT
OF THE BOARD'S FINAL DETERMINATION.
  7.  PROBATION.  A. IF A CHILD'S ANNUAL ASSESSMENT FAILS TO COMPLY WITH
THE REQUIREMENTS OF THIS SUBDIVISION, THE HOME INSTRUCTION PROGRAM SHALL
BE PLACED ON PROBATION FOR A PERIOD OF  UP  TO  TWO  SCHOOL  YEARS.  THE
PARENT SHALL BE REQUIRED TO SUBMIT A PLAN OF REMEDIATION WHICH ADDRESSES
THE  DEFICIENCIES  IN  THE CHILD'S ACHIEVEMENT, AND SEEKS TO REMEDY SUCH
DEFICIENCIES. THE PLAN SHALL BE REVIEWED BY  THE  SCHOOL  DISTRICT.  THE
SCHOOL  DISTRICT  MAY  REQUIRE  THE  PARENTS TO MAKE CHANGES IN THE PLAN
PRIOR TO ACCEPTANCE.
  B. IF AFTER THE END OF ANY SEMESTER OF THE  PROBATIONARY  PERIOD,  THE
CHILD  PROGRESSES  TO  THE LEVEL SPECIFIED IN THE REMEDIATION PLAN, THEN
THE HOME INSTRUCTION PROGRAM SHALL BE REMOVED  FROM  PROBATION.  IF  THE
CHILD  DOES  NOT  ATTAIN AT LEAST SEVENTY-FIVE PERCENT OF THE OBJECTIVES
SPECIFIED IN THE REMEDIATION PLAN AT THE END OF ANY GIVEN SEMESTER WITH-
IN THE PERIOD OF PROBATION, OR IF  AFTER  TWO  YEARS  ON  PROBATION  ONE
HUNDRED  PERCENT OF THE OBJECTIVES OF THE REMEDIATION PLAN HAVE NOT BEEN
SATISFIED, THE SUPERINTENDENT OF SCHOOLS SHALL PROVIDE THE PARENTS  WITH
NOTICE  AND  THE  BOARD  OF  EDUCATION SHALL REVIEW THE DETERMINATION OF
NONCOMPLIANCE IN ACCORDANCE WITH THIS PARAGRAPH, EXCEPT THAT CONSENT  OF
THE PARENTS TO SUCH REVIEW SHALL NOT BE REQUIRED.
  8.  LETTER  OF SUBSTANTIAL EQUIVALENCY.   THE RESIDENT SCHOOL DISTRICT
SHALL CERTIFY IN WRITING WHEN A STUDENT TAUGHT  AT  HOME  HAS  COMPLETED
THEIR  HOME  INSTRUCTION  PROGRAM  IN COMPLIANCE WITH THIS SECTION. THIS

S. 4788                             6

LETTER SHALL VERIFY COMPLIANCE WITH  THIS  SECTION  AND  THAT  THE  HOME
INSTRUCTION PROGRAM WAS THEREFORE SUBSTANTIALLY EQUIVALENT IN COMPLIANCE
WITH  SUBDIVISION TWO OF SECTION THREE THOUSAND TWO HUNDRED FOUR OF THIS
PART.   ANY STUDENT WHO COMPLETES A HOME INSTRUCTION PROGRAM BEFORE THEY
TURN TWENTY-ONE CAN REQUEST  THIS  LETTER  FROM  THEIR  RESIDENT  SCHOOL
DISTRICT. EACH SCHOOL DISTRICT MUST MAINTAIN THE DOCUMENTATION NECESSARY
TO VERIFY COMPLETION OF THE HOME INSTRUCTION PROGRAM FOR SIX YEARS.
  S  3. Subdivision 2-c of section 3602-c of the education law, as added
by chapter 217 of the laws of 2008, is amended to read as follows:
  2-c. Solely for the purpose of the provision of education for students
with disabilities pursuant to this section and the computation of  state
aid  for  such  education  pursuant to section thirty-six hundred two of
this article, a student in a home instruction program submitted  by  his
or her parent or person in parental relation for review pursuant to [the
regulations  of  the  commissioner]  SECTION  THREE THOUSAND TWO HUNDRED
TWENTY-NINE OF THIS ARTICLE shall be deemed to be a student enrolled  in
and  attending  a nonpublic school eligible to receive services pursuant
to subdivision two of this section; provided that such student is  enti-
tled to attend the public schools without payment of tuition pursuant to
subdivision  one  of  section thirty-two hundred two of this chapter and
has an individualized home instruction plan that has been determined  by
the  superintendent  of schools of the school district in which the home
school is located to be  in  compliance  with  the  regulations  of  the
commissioner.  The  deadlines for submission of written requests for the
education of students with disabilities set forth in subdivision two  of
this  section  shall  apply  to  students in a home instruction program,
except that such request may be submitted within thirty days of a change
in the  student's  school  district  of  residence;  provided  that  for
services  in  the two thousand eight--two thousand nine school year only
such written requests for students in a home instruction  program  shall
be  submitted  by  June  thirtieth, two thousand eight, or within thirty
days after the effective date of [this subdivision] CHAPTER TWO  HUNDRED
SEVENTEEN  OF THE LAWS OF TWO THOUSAND EIGHT, whichever is later, except
where subdivision two of this section  or  this  subdivision  authorizes
submission  at  a later date.  Except as provided in this subdivision, a
home school shall not be considered a nonpublic  school  for  any  other
purpose under this chapter.
  S  4.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.