| Regulations Page 1 SECTION 100.10 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION (effective July 1, 1988) 100.10. Home instruction. (a) Purpose of section. The purpose of this section is to establish procedures to assist school authorities in fulfilling their responsibility under Education Law sections 3204(2) and 3210(2)(d) and in meeting their responsibility of determining the competency of the instructor and substantial equivalence of instruction being provided at home to students of compulsory school attendance age, and to assist parents who exercise their right to provide required instruction at home to such students in fulfilling their responsibilities under Education Law section 3212(2). (b) Notice of intention to instruct at home. (1) Except as otherwise provided in paragraphs (2) and (3) 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. In the case of the City School District of the City of New York, the school district of residence for students who, if enrolled in the public schools, would attend elementary school, intermediate school or junior high school in a community school district shall be deemed to be the community school district in which the parents reside. (2) 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 (14) days following the commencement of home instruction within the school district. (3) For the 1988-89 school year only, the written notice of intention to instruct at home required in paragraph (1) of this subdivision shall be due on August 1, 1988. (c) Procedures for development and review of an individualized home instruction plan (IHIP). (1) Within ten (10) 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 section 100.10 of the Regulations of the Commissioner of Education 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. (2) Within four (4) weeks of the receipt of such materials, or by August fifteenth, or for the 1988-89 school year by September 15, 1988, whichever is later, the parent shall submit the completed IHIP form to the school district. The district shall provide assistance in preparation of the forms, if requested by the parents. (3) Within ten (10) business days of receipt of the IHIP, or by August thirty-first, or for the 1988-89 school year by September 30, 1988, whichever is later, the school district shall either notify the parents that the IHIP complies with the requirements of subdivisions (d) and (e) of this section or shall give the parents written notice of any deficiency in the IHIP. (4) Within fifteen (15) days of receipt of a notice of a deficiency in the IHIP, or by September fifteenth, or for the 1988-89 school year by October 15, 1988, whichever is later, the parents shall submit a revised IHIP which corrects any such deficiencies. (5) The superintendent of schools shall review the revised IHIP and shall notify the parents as to whether the revised IHIP complies with subdivisions (d) and (e) of this section within fifteen (15) days of receipt of the revised IHIP or by September thirtieth, or for the 1988-89 school year by October 31, 1988, whichever is later. If the revised IHIP is determined not to be in compliance with subdivisions (d) and (e) 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 (10) days after the 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 (3) business days prior to such meeting. At such board meeting, the parents shall have the right to present proof of compliance, and the board of education shall make a final determination of compliance or noncompliance. (6) The parents shall have the right to appeal any such final school district determination of noncompliance to the Commissioner of Education within thirty (30) days after receipt of such determination. (7) 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 Education Law sections 3204 and 3210. For purposes of this subdivision, such administrative review shall be deemed to be completed when one of the following events have occurred: (i) the parents have failed to contest a determination of noncompliance by appealing to the board of education; or (ii) the parents have failed to appeal a final school district determination of noncompliance to the Commissioner of Education; or (iii) the parents have received a decision of the Commissioner of Education which upholds a final school district determination of noncompliance. |