S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5260
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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.
   § 2. The education law is amended by adding a new section 3229 to read
 as follows:
   § 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.
              

                                                            LBD00654-01-9

 S. 5260                             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. 5260                             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. 5260                             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. QUARTERLY REPORTS. ON OR BEFORE THE DATE SPECIFIED BY THE PARENT IN
 THE  IHIP,  A  QUARTERLY REPORT FOR EACH CHILD SHALL BE FURNISHED BY THE
 PARENT TO THE SCHOOL DISTRICT. THE QUARTERLY REPORT  SHALL  CONTAIN  THE
 FOLLOWING:
   A. THE NUMBER OF HOURS OF INSTRUCTION DURING SAID QUARTER;
   B. A DESCRIPTION OF THE MATERIAL COVERED IN EACH SUBJECT LISTED IN THE
 IHIP;
   C. EITHER A GRADE FOR THE CHILD IN EACH SUBJECT OR A WRITTEN NARRATIVE
 EVALUATING THE CHILD'S PROGRESS; AND
   D. A WRITTEN EXPLANATION IN THE EVENT THAT LESS THAN EIGHTY PERCENT OF
 THE  AMOUNT OF THE COURSE MATERIALS AS SET FORTH IN THE IHIP PLANNED FOR
 THAT QUARTER HAS BEEN COVERED IN ANY SUBJECT.
   7. 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;

 S. 5260                             5
 
   (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.
   (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  EIGHT  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  EIGHT 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.
   8.  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

 S. 5260                             6
 
 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.
   9. 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
 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.
   §  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] PART, 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  THIRTY-TWO  HUNDRED
 TWENTY-NINE  OF THIS CHAPTER 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.
   § 4. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.