8470 (1)

Adoption Date: 9/1/1987, Revised: 1/5/2010; 12/21/99; 6/20/00; 10/3/00; 1/20/04; 11/02/04; 11/7/06; 2/10/09; 01/05/10


New York State has compulsory education laws which required that students who reach the age of 6 on or before December 1 in any school year must receive fulltime instruction from the first day school is in session in September of the school year that the student turns 6. All students must remain in school until the last day of the school year in which the student elects to home school their school age children, the Brockport Central School District has a legal obligation to ensure that the instruction that the child receives at home meets with minimum requirements established by the New York State Education Department.

A parent who elects to home school his/her child/ren must notify the District of this intent by July1 of each school year. Such notification must be provided in writing on annual basis. Parents who decide to commence home instruction for their child/ren after the start of the school year, or who establish residence in the District after the beginning of the school year, must provide written notice of the intent to home school within 14 days following the commencement of home instruction.

Upon receipt of the parent's written notice of the intent to home school, the Office of Instruction will send the parents a copy of Section 100.10 of the commissioner's regulations regarding home schooling, 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, and other information related to home instruction. Within four (4) weeks of receipt of the regulations and the IHIP form, the parent must submit the completed IHIP form to the District for review and approval. The District shall notify the parent as to whether the IHIP complies with the homeschooling requirements or is deficient.

For those IHIP's which are deficient, the parent shall have 15 days to submit a revised IHIP that corrects any noted deficiencies. The District will review the revised IHIP to determine whether the necessary corrections have been made and will notify the parent within 15 days as to whether the IHIP is approved or is still deficient. If the IHIP is determined to be deficient, the parent will be given the reasons for the deficiency determination in writing. The notice of deficiency will also include the next regularly scheduled Board meeting date that will be held at least 10 days after the date of the mailing of the notice of deficiency and shall indicate that the parent may contest the determination of noncompliance at that Board meeting. If the parents intends to contest the noncompliance determination at the next Board meeting, the parent must give notice to the Board at least three (3) business days prior to such meeting. At the meeting, the parents may submit proof of compliance to dispute the noncompliance determination and the Board shall have the final determination as to whether the plan submitted complies with the home school requirements.

Parents have the right to appeal any compliance determination by the District to the Commissioner of Education within 30 days after receipt of such determination.

Once an administrative review of noncompliance has been completed, the parents must immediately provide for the instruction of their child/ren at a public school or elsewhere in compliance with Education Law sections 3204 and 3210.Administrative review is deemed completed when one of the following events occurs:

  • The parents have failed to contest a determination of noncompliance by appealing to
  • the Board of Education;
  • The parents have failed to appeal a final school district determination to the
  • Commissioner of Education; or
  • The parents have received a decision of the commissioner of Education which
  • upholds a final school district determination of noncompliance.

Within ten days after the administrative review of non-compliance is completed, the parents must furnish the District with written notice of the arrangements they have been made to provide their children with the required instruction, if the children have not been enrolled in public school.


Individualized Home Instruction Plan

Each child’s IHIP must contain the following information:

  • The child’s name, age and grade level;
  • A list of the syllabi, curriculum materials, textbooks or plan of instruction to be used in each of the required subjects;
  • The dates of submission to the school district of the parents’ quarterly reports as the required by the Commissioner of Education;
  • The names of the individuals providing instruction; and
  • A statement that the child will be meeting the compulsory education requirements of Education Law section 3205 through full time study at a degree granting institution for at least 12 semester hours in a semester or its equivalent, if that is the case. In this situation, the IHIP must identify the degree granting institution and the subjects covered by that study.


Quarterly Reports

On or before the dates specified in the IHIP, a quarterly report for each child must be furnished by the parent to the school district. The quarterly report must contain the following information:

  • The number of hours of instruction during said quarter;
  • A description of the material covered in each subject listed in the IHIP;
  • Either a grade for the child in each subject or a written narrative evaluating the child’s progress; and
  • A written explanation in the event that less than 80% of the amount of the course materials as set forth in the IHIP planned for that quarter has been covered in any subject.

Annual Assessments

At the time of filing the fourth quarter report, the parent shall also file an annual assessment which includes the results of a commercially published norm-referenced achievement test or an alternative form of evaluation which meets the Commissioner’s requirements. Approval of the type of annual assessment to be used is required. Approval requests must be submitted to the Instruction Office by April 1st of each year.



The District has a legal obligation to ensure that the individual home instruction plan meets all of the requirements of the Commissioner of Education. As part of this obligation, the District has the authority to place a home instruction program on probation for a period of up to two years. A home instruction program may be placed on probation if the child’s annual assessment fails to comply with the minimum requirement of the Commissioner of Education. In this case, the parent will be required to submit a plan of remediation which addresses the deficiencies in the child’s achievement and seeks to remedy those deficiencies. If the remediation efforts are successful and the child progresses to the level specified in the remediation plan, the home instruction plan will be removed from probation. If the remediation efforts are not successful and the child does not attain at least 75% of the objectives specified in the remediation plan at the end of any given semester during the probationary period or the child does not achieve 100% of the objectives of the remediation plan at the end of the two year probationary period, the home instruction plan will be deemed noncompliant and the Board of Education will review the determination of such noncompliance. During the probationary period, the District is authorized to make home visits to ascertain areas of noncompliance and to determine what efforts, if any, are being made to remediate these deficiencies.

Parents who fail to meet their obligations under the home schooling regulations may be subject to reporting for educational neglect if they do not correct noncompliant IHIP’s or if they fail to enroll their child in an approved educational program upon a final determination of noncompliance.


Provision of Services to Home School Students

Students who are home schooled are not awarded a high school diploma from Brockport Central School District. Diplomas are only issued to students enrolled in the District who have completed all program requirements. Students instructed at home are not eligible to participate in interscholastic sports. The Commissioners regulations mandate that only students who are enrolled in a public school are eligible to participate in interscholastic sports. The District does not permit home instructed students to participate in any extracurricular activities.

The District is not required to loan textbooks or other instructional materials to home schooled students. The district is not required to provide health services to home schooled students.


Policy References:
Education Law Sections 3204, 3205, 3210(2), 3212(2), 3240-42, 3602-c, 3602-c(2-c), and 4402
8 New York Code of Rules and Regulations (NYCRR) Sections 100.10, 135.4(c)(7)(ii)(b)(2) and 200.2(a)


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