Raven
Thursday, January 10th, 2008, 08:10 AM
Individualized Home Instruction Plan (IHIP)
35. Are parents required to submit more than a list of textbooks in the IHIP to comply with the requirements of subdivision (d) of Section 100.10?
The IHIP must include for each of the required courses either a list of syllabi, curriculum materials and textbooks to be used or a plan of instruction to be followed. A different alternative may be used for different subjects. While a list of textbooks may be submitted, it is reasonable for the district to require more than the name, publisher, copyright date and author's name if the district is not familiar with the textbook's content. If the district requests additional information beyond the list of textbooks, the parents may, at their option, submit either a written scope and sequence describing the text or a copy of the text for the district's review (which copy shall be promptly returned to the parents). The purpose of such review is not to compare the text with those employed by the district, but rather: 1) to insure that the parent is providing the mandated subjects for the grade level in question, and 2) to provide the district with more complete information to assist its review of quarterly reports and annual assessments.
36. When the IHIP is submitted by the parents, does the school district have the responsibility to make a subjective judgment of the substantial equivalency of the home instruction program?
No. The purpose of these regulations is to provide a basis for objective determinations of substantial equivalence. IHIP submissions are to be evaluated to determine compliance with subdivisions (d) and (e) of Section 100.10. Quarterly reports are to be evaluated to determine compliance with subdivision (g). Annual assessments must comply with the requirements of subdivision (h). A home instruction program that adheres to the standards of the regulations at each stage of the process should be deemed to be substantially equivalent.
37. Must the parents indicate on the IHIP what will be taught and the total time of instruction?
The IHIP must include a list of the syllabi, curriculum materials, or plan of instruction to be used in each of the subjects required for that grade level. The total number of hours of instruction per quarter must be documented on the quarterly report. It is recommended that, in the secondary grades, hours per subject be included in each quarterly report.
38. When must a student begin to receive instruction?
A change in Education Law 3205, which became effective on July 26, 1993, clarifies the age at which a student is subject to compulsory education. The law now requires children who turn six on or before December 1 to receive instruction from the start of the school year in September of that year. Children who turn six after December 1 must begin to receive instruction no later than the first day of school the following September.
39. Must the IHIP for a six-year-old indicate that the instruction is on the first grade level?
No. As with any age, instruction should be geared to the level appropriate to the student's needs and previous level of achievement.
40. Are students instructed at home required to take a second language?
No. They are not required to take a second language, but they may choose to study a second language.
41. Is physical education required?
Yes. Every student must have a physical education program. Activities may differ but outcomes should be similar to those established for students in the public school.
42. Must the topics proposed for study in each subject correspond to the material covered in the public school curriculum?
While the subjects required by Law and Regulation must be taught, the course content may differ.
43. If a student reaches the maximum age for compulsory attendance during the school year, must the IHIP for that student cover the full year?
Yes. Students who turn 16 (or 17 in New York City) between July 1 and June 30 are of compulsory attendance age during the entire school year.
44. Is a district required to review the IHIP submitted for a student beyond compulsory attendance age?
No.
45. Can a district require parents to provide more information on the IHIP than the Regulations of the Commissioner require?
No. A district may require only that information set forth in subdivision (d) of Section 100.10 of the Regulations of the Commissioner.
46. May a superintendent find a program of home instruction deficient, if he/she concludes that the student needs socialization or interaction with other children?
No. This is not a basis for finding a program of home instruction deficient.
47. Must home instruction for a student of limited English proficiency include instruction in the English language?
Yes. Home instruction for such a student must include instruction in the English language.
48. Are parents instructing their children at home required to teach courses which involve education about substance abuse, AIDS, human sexuality and family planning?
Parents are required to provide health education at all grade levels. Section 804 of the Education Law requires that such health education include instruction to discourage the misuse and abuse of alcohol, tobacco and other drugs. Section 135.3(b) of the Regulations of the Commissioner of Education requires that the elementary and secondary health education curriculum include age appropriate instruction concerning the nature, methods of transmission and methods of prevention of the acquired immune deficiency syndrome (AIDS). Parents must address the topic of AIDS as a part of the required health instruction at least once in grades K-6, once in grades 7-8 and once in grades 9-12. Parents may include instruction on human sexuality and family planning as part of their children's health education, but are not required to do so.
49. Must a district notify parents that the IHIP is in compliance with C.R. 100.10?
Yes. The district is obligated to notify parents that the IHIP is in compliance. It is strongly recommended that such notification be in writing.
50. Must a board of education approve the IHIP?
No. The superintendent of schools is responsible for reviewing the IHIP and notifying the parents of its status.
51. When is the board of education involved in the process?
If the superintendent of schools determines that a revised IHIP is not in compliance and the parents contest that determination, the parents may meet with the board to present evidence of compliance. The board then makes its determination of compliance or noncompliance.
52. If the board finds that an IHIP is not in compliance, do the parents have the right to appeal?
Yes. The parents may appeal a determination of noncompliance by the board to the Commissioner of Education within 30 days of receiving notice of the determination.
53. Must the parents of a student instructed at home file an IHIP with the district if the student is enrolled in a correspondence school?
Yes. The obligation to file an IHIP does not depend on the source of material used but rather on the location of the student's instruction. The board of education is responsible for ensuring that any student of compulsory age living within the district is receiving an adequate program of instruction. The parents and the district must comply with C.R. 100.10 even if the supplier of the curriculum materials considers the student to be enrolled in its school or program.
54. Does the State Education Department approve programs of home instruction provided by correspondence schools?
No. The State Education Department does not perform this function. Correspondence school materials for home instruction must be reviewed by the superintendent of schools.
Evaluation
55. When should parents inform the school district of their choice of a standardized test or alternative evaluation method?
No date is specified in the regulation but it is recommended that parents provide this information by the end of the third quarterly reporting period.
56. When is it necessary for parents to obtain the consent of the school district if they are using a norm-referenced achievement test for the annual assessment?
a. If the parents are having the student tested at a registered nonpublic school, the consent of the public school district is not required.
b. If the parents are having the student tested at the public school, the testing should be done at the time of the school's own testing program, unless a mutually agreeable alternative is reached. The district should give the parents several weeks' notice of the dates for this testing.
c. If the parents are having the student tested at another location, the school district is required to review, and (if in agreement) consent to the parents' selection of the test administrator.
57. Are students instructed at home required to take any State tests such as the PEP tests or RCTs?
No. These tests may be used to meet annual assessment requirements, but home-instructed students are not required to take them.
58. Which State tests suffice for an annual assessment?
Any State tests designed to evaluate individual student achievement are acceptable. State tests designed to evaluate a school's program (Program Evaluation Tests) are not appropriate for this purpose
59. If parents instructing their children at home choose to use PEP tests or RCTs as a part of their annual evaluation, should the school district include their scores with the scores of the public school students?
No.
60. Can parents of a fourth-grader opt for an alternative form of evaluation?
Yes. Alternative forms of evaluation may be used every other year for pupils in grades 4 though 8. Thus, grade 4 could be the first year in this pattern.
61. Must the district administer tests during the school year to home-instructed students?
No. The district is not obligated to administer any tests unless the student is referred to the Committee on Special Education for evaluation.
62. May a student instructed at home take Regents examinations?
Yes. If a request is made, school officials are encouraged to admit a student receiving home instruction to Regents examinations. If a Regents examination has a lab requirement, the student may be admitted to the examination if there is evidence that the student has met the lab requirement. The IHIP, quarterly reports and/or verification from the student's teacher can provide such evidence.
Regents examinations may only be administered at the public school or registered nonpublic school because they are secure examinations. The test results can be helpful to the student and also to public school officials.
63. If parents want to use one of the standardized tests listed in the home instruction regulation but not used by the school district, who orders and who pays for it?
If the parent chooses to use a test that has not been ordered for use in the public schools of the district, the school district, upon request of the parent, would order the test. The parent would, however, pay for the cost of procuring it.
64. May a parent administer a standardized test or prepare the written narrative of assessment?
Yes. With the consent of the superintendent, a parent may perform these actions.
65. What is a home instruction peer review panel and what is its function under the regulations?
A home instruction peer review panel is an advisory group of home instructing parents who prepare a written narrative of a student's achievement. Members of such a panel may be chosen by the parent with the consent of the superintendent.
66. What action should be taken by the district if parents do not submit any evaluation?
If phone calls or letters do not elicit the information, the district should notify parents by registered mail that the evaluation is due and set a reasonable date for its submission. If the information is not forthcoming, the district is without evidence that instruction has been taking place. In that case, the district would be obligated to report the case to the central registry as a case of suspected educational neglect.
Commencement of Home Instruction During the School Year
67. May a district refuse to consider a parent's request for home instruction if it occurs during the school year?
No. The district must respond to a letter of intent and to the submission of an IHIP at any time during the school year.
68. If home instruction begins during the normal school year, which timelines apply?
The regulation specifies that parents who decide to begin home instruction or parents who move into the district after the start of the school year must file a letter of intent within 14 days of beginning home instruction within the district.
From that point on, the usual timelines apply:
Within 10 business days of receiving the letter, the district must furnish the parent with a copy of C.R. 100.10 and an IHIP form for each child.
Within 4 weeks of receiving it, the parent must submit the completed IHIP to the district.
Within 10 business days of receiving the IHIP, the district must notify the parent whether it complies with the requirements of the regulation or give written notice of any deficiency.
Within 15 days of receiving a notice of deficiency, the parent must submit a revised IHIP which corrects the deficiencies.
Within 15 days of receiving the revised IHIP, the district must notify the parent as to whether it complies with the regulation.
69. If home instruction begins during the school year, when should parents schedule quarterly reports to the district?
The number of reports should be proportional to the period of home instruction. For example, if instruction begins at about the end the first reporting period in the public school, the parent would schedule three reports during the remainder of the year.
College Entrance
70. If home-instructed students cannot be awarded local or Regents high school diplomas, how can they gain entrance to colleges?
First, please note that seeking admission to college is entirely a choice that students make, and successfully gaining admission to college is entirely the responsibility of home-instructed students and their parents. It is not the responsibility of the State Education Department or the local public school district to secure college admission for home-instructed students.
Secondly, colleges set their own admissions requirements. These requirements vary from college to college. The burden, therefore, is on home-instructed students (and their parents) to seek and acquire information on the admissions requirements of the colleges of their choice. The burden is also on home-instructed students (and their parents) to convince colleges to accept them. Because of this, home-instructed students (and their parents) may wish to seek information regarding the admissions requirements of the colleges of their choice well in advance of the actual application for admission.
Third, Listed below are some suggested strategies for home-instructed students (and their parents) to consider using to help them gain entrance to colleges. Consideration can be given to using a combination of these strategies. Please note that there is no guarantee that following any or all of the strategies listed below will ensure a home-instructed student's admission to any college. Again, if home-instructing students choose to pursue admission to college, they (and their parents) are fully responsible for this.
Suggested Strategies
1. A portfolio of the student's work, demonstrating its breadth and depth, might be developed over time. This portfolio can be shared with college admissions personnel to demonstrate the student's capabilities.
2. If a home-instructed student has taken Regents exams at the pubic school of residence, he/she can request the public school district to produce, on school letterhead, a list of the exams taken, the date on which they were taken, and the score the student earned. This list of Regents exam scores can be shared with college admissions personnel.
3. Home-instructed students can take the Scholastic Aptitude Test (SAT) and/or other standardized tests used for college admissions purposes. Scores on these tests can be shared with college admissions personnel. Home-instructed students should contact their public school district about arrangements for taking the Scholastic Aptitude Test and/or achievement examinations offered by the College Board or the American College Testing Service.
4. If the student is beyond the age of compulsory education, and has completed a program of home instruction in compliance with Section 100.10 of the Regulations of the Commissioner of Education, he/she can request that the superintendent of schools of the public school district of residence attest to this, in writing, on district letterhead. This can be shared with college admissions personnel. Please note, however, that the superintendent of schools may, but is under no obligation to, attest to this.
5. Home-instructed students can take the GED exam, when they have reached eligibility to do so. Students passing the GED exam can share their General Equivalency Diplomas with college admissions personnel.
Source (http://www.emsc.nysed.gov/nonpub/homeschoolingqanda.htm#(IHIP))
35. Are parents required to submit more than a list of textbooks in the IHIP to comply with the requirements of subdivision (d) of Section 100.10?
The IHIP must include for each of the required courses either a list of syllabi, curriculum materials and textbooks to be used or a plan of instruction to be followed. A different alternative may be used for different subjects. While a list of textbooks may be submitted, it is reasonable for the district to require more than the name, publisher, copyright date and author's name if the district is not familiar with the textbook's content. If the district requests additional information beyond the list of textbooks, the parents may, at their option, submit either a written scope and sequence describing the text or a copy of the text for the district's review (which copy shall be promptly returned to the parents). The purpose of such review is not to compare the text with those employed by the district, but rather: 1) to insure that the parent is providing the mandated subjects for the grade level in question, and 2) to provide the district with more complete information to assist its review of quarterly reports and annual assessments.
36. When the IHIP is submitted by the parents, does the school district have the responsibility to make a subjective judgment of the substantial equivalency of the home instruction program?
No. The purpose of these regulations is to provide a basis for objective determinations of substantial equivalence. IHIP submissions are to be evaluated to determine compliance with subdivisions (d) and (e) of Section 100.10. Quarterly reports are to be evaluated to determine compliance with subdivision (g). Annual assessments must comply with the requirements of subdivision (h). A home instruction program that adheres to the standards of the regulations at each stage of the process should be deemed to be substantially equivalent.
37. Must the parents indicate on the IHIP what will be taught and the total time of instruction?
The IHIP must include a list of the syllabi, curriculum materials, or plan of instruction to be used in each of the subjects required for that grade level. The total number of hours of instruction per quarter must be documented on the quarterly report. It is recommended that, in the secondary grades, hours per subject be included in each quarterly report.
38. When must a student begin to receive instruction?
A change in Education Law 3205, which became effective on July 26, 1993, clarifies the age at which a student is subject to compulsory education. The law now requires children who turn six on or before December 1 to receive instruction from the start of the school year in September of that year. Children who turn six after December 1 must begin to receive instruction no later than the first day of school the following September.
39. Must the IHIP for a six-year-old indicate that the instruction is on the first grade level?
No. As with any age, instruction should be geared to the level appropriate to the student's needs and previous level of achievement.
40. Are students instructed at home required to take a second language?
No. They are not required to take a second language, but they may choose to study a second language.
41. Is physical education required?
Yes. Every student must have a physical education program. Activities may differ but outcomes should be similar to those established for students in the public school.
42. Must the topics proposed for study in each subject correspond to the material covered in the public school curriculum?
While the subjects required by Law and Regulation must be taught, the course content may differ.
43. If a student reaches the maximum age for compulsory attendance during the school year, must the IHIP for that student cover the full year?
Yes. Students who turn 16 (or 17 in New York City) between July 1 and June 30 are of compulsory attendance age during the entire school year.
44. Is a district required to review the IHIP submitted for a student beyond compulsory attendance age?
No.
45. Can a district require parents to provide more information on the IHIP than the Regulations of the Commissioner require?
No. A district may require only that information set forth in subdivision (d) of Section 100.10 of the Regulations of the Commissioner.
46. May a superintendent find a program of home instruction deficient, if he/she concludes that the student needs socialization or interaction with other children?
No. This is not a basis for finding a program of home instruction deficient.
47. Must home instruction for a student of limited English proficiency include instruction in the English language?
Yes. Home instruction for such a student must include instruction in the English language.
48. Are parents instructing their children at home required to teach courses which involve education about substance abuse, AIDS, human sexuality and family planning?
Parents are required to provide health education at all grade levels. Section 804 of the Education Law requires that such health education include instruction to discourage the misuse and abuse of alcohol, tobacco and other drugs. Section 135.3(b) of the Regulations of the Commissioner of Education requires that the elementary and secondary health education curriculum include age appropriate instruction concerning the nature, methods of transmission and methods of prevention of the acquired immune deficiency syndrome (AIDS). Parents must address the topic of AIDS as a part of the required health instruction at least once in grades K-6, once in grades 7-8 and once in grades 9-12. Parents may include instruction on human sexuality and family planning as part of their children's health education, but are not required to do so.
49. Must a district notify parents that the IHIP is in compliance with C.R. 100.10?
Yes. The district is obligated to notify parents that the IHIP is in compliance. It is strongly recommended that such notification be in writing.
50. Must a board of education approve the IHIP?
No. The superintendent of schools is responsible for reviewing the IHIP and notifying the parents of its status.
51. When is the board of education involved in the process?
If the superintendent of schools determines that a revised IHIP is not in compliance and the parents contest that determination, the parents may meet with the board to present evidence of compliance. The board then makes its determination of compliance or noncompliance.
52. If the board finds that an IHIP is not in compliance, do the parents have the right to appeal?
Yes. The parents may appeal a determination of noncompliance by the board to the Commissioner of Education within 30 days of receiving notice of the determination.
53. Must the parents of a student instructed at home file an IHIP with the district if the student is enrolled in a correspondence school?
Yes. The obligation to file an IHIP does not depend on the source of material used but rather on the location of the student's instruction. The board of education is responsible for ensuring that any student of compulsory age living within the district is receiving an adequate program of instruction. The parents and the district must comply with C.R. 100.10 even if the supplier of the curriculum materials considers the student to be enrolled in its school or program.
54. Does the State Education Department approve programs of home instruction provided by correspondence schools?
No. The State Education Department does not perform this function. Correspondence school materials for home instruction must be reviewed by the superintendent of schools.
Evaluation
55. When should parents inform the school district of their choice of a standardized test or alternative evaluation method?
No date is specified in the regulation but it is recommended that parents provide this information by the end of the third quarterly reporting period.
56. When is it necessary for parents to obtain the consent of the school district if they are using a norm-referenced achievement test for the annual assessment?
a. If the parents are having the student tested at a registered nonpublic school, the consent of the public school district is not required.
b. If the parents are having the student tested at the public school, the testing should be done at the time of the school's own testing program, unless a mutually agreeable alternative is reached. The district should give the parents several weeks' notice of the dates for this testing.
c. If the parents are having the student tested at another location, the school district is required to review, and (if in agreement) consent to the parents' selection of the test administrator.
57. Are students instructed at home required to take any State tests such as the PEP tests or RCTs?
No. These tests may be used to meet annual assessment requirements, but home-instructed students are not required to take them.
58. Which State tests suffice for an annual assessment?
Any State tests designed to evaluate individual student achievement are acceptable. State tests designed to evaluate a school's program (Program Evaluation Tests) are not appropriate for this purpose
59. If parents instructing their children at home choose to use PEP tests or RCTs as a part of their annual evaluation, should the school district include their scores with the scores of the public school students?
No.
60. Can parents of a fourth-grader opt for an alternative form of evaluation?
Yes. Alternative forms of evaluation may be used every other year for pupils in grades 4 though 8. Thus, grade 4 could be the first year in this pattern.
61. Must the district administer tests during the school year to home-instructed students?
No. The district is not obligated to administer any tests unless the student is referred to the Committee on Special Education for evaluation.
62. May a student instructed at home take Regents examinations?
Yes. If a request is made, school officials are encouraged to admit a student receiving home instruction to Regents examinations. If a Regents examination has a lab requirement, the student may be admitted to the examination if there is evidence that the student has met the lab requirement. The IHIP, quarterly reports and/or verification from the student's teacher can provide such evidence.
Regents examinations may only be administered at the public school or registered nonpublic school because they are secure examinations. The test results can be helpful to the student and also to public school officials.
63. If parents want to use one of the standardized tests listed in the home instruction regulation but not used by the school district, who orders and who pays for it?
If the parent chooses to use a test that has not been ordered for use in the public schools of the district, the school district, upon request of the parent, would order the test. The parent would, however, pay for the cost of procuring it.
64. May a parent administer a standardized test or prepare the written narrative of assessment?
Yes. With the consent of the superintendent, a parent may perform these actions.
65. What is a home instruction peer review panel and what is its function under the regulations?
A home instruction peer review panel is an advisory group of home instructing parents who prepare a written narrative of a student's achievement. Members of such a panel may be chosen by the parent with the consent of the superintendent.
66. What action should be taken by the district if parents do not submit any evaluation?
If phone calls or letters do not elicit the information, the district should notify parents by registered mail that the evaluation is due and set a reasonable date for its submission. If the information is not forthcoming, the district is without evidence that instruction has been taking place. In that case, the district would be obligated to report the case to the central registry as a case of suspected educational neglect.
Commencement of Home Instruction During the School Year
67. May a district refuse to consider a parent's request for home instruction if it occurs during the school year?
No. The district must respond to a letter of intent and to the submission of an IHIP at any time during the school year.
68. If home instruction begins during the normal school year, which timelines apply?
The regulation specifies that parents who decide to begin home instruction or parents who move into the district after the start of the school year must file a letter of intent within 14 days of beginning home instruction within the district.
From that point on, the usual timelines apply:
Within 10 business days of receiving the letter, the district must furnish the parent with a copy of C.R. 100.10 and an IHIP form for each child.
Within 4 weeks of receiving it, the parent must submit the completed IHIP to the district.
Within 10 business days of receiving the IHIP, the district must notify the parent whether it complies with the requirements of the regulation or give written notice of any deficiency.
Within 15 days of receiving a notice of deficiency, the parent must submit a revised IHIP which corrects the deficiencies.
Within 15 days of receiving the revised IHIP, the district must notify the parent as to whether it complies with the regulation.
69. If home instruction begins during the school year, when should parents schedule quarterly reports to the district?
The number of reports should be proportional to the period of home instruction. For example, if instruction begins at about the end the first reporting period in the public school, the parent would schedule three reports during the remainder of the year.
College Entrance
70. If home-instructed students cannot be awarded local or Regents high school diplomas, how can they gain entrance to colleges?
First, please note that seeking admission to college is entirely a choice that students make, and successfully gaining admission to college is entirely the responsibility of home-instructed students and their parents. It is not the responsibility of the State Education Department or the local public school district to secure college admission for home-instructed students.
Secondly, colleges set their own admissions requirements. These requirements vary from college to college. The burden, therefore, is on home-instructed students (and their parents) to seek and acquire information on the admissions requirements of the colleges of their choice. The burden is also on home-instructed students (and their parents) to convince colleges to accept them. Because of this, home-instructed students (and their parents) may wish to seek information regarding the admissions requirements of the colleges of their choice well in advance of the actual application for admission.
Third, Listed below are some suggested strategies for home-instructed students (and their parents) to consider using to help them gain entrance to colleges. Consideration can be given to using a combination of these strategies. Please note that there is no guarantee that following any or all of the strategies listed below will ensure a home-instructed student's admission to any college. Again, if home-instructing students choose to pursue admission to college, they (and their parents) are fully responsible for this.
Suggested Strategies
1. A portfolio of the student's work, demonstrating its breadth and depth, might be developed over time. This portfolio can be shared with college admissions personnel to demonstrate the student's capabilities.
2. If a home-instructed student has taken Regents exams at the pubic school of residence, he/she can request the public school district to produce, on school letterhead, a list of the exams taken, the date on which they were taken, and the score the student earned. This list of Regents exam scores can be shared with college admissions personnel.
3. Home-instructed students can take the Scholastic Aptitude Test (SAT) and/or other standardized tests used for college admissions purposes. Scores on these tests can be shared with college admissions personnel. Home-instructed students should contact their public school district about arrangements for taking the Scholastic Aptitude Test and/or achievement examinations offered by the College Board or the American College Testing Service.
4. If the student is beyond the age of compulsory education, and has completed a program of home instruction in compliance with Section 100.10 of the Regulations of the Commissioner of Education, he/she can request that the superintendent of schools of the public school district of residence attest to this, in writing, on district letterhead. This can be shared with college admissions personnel. Please note, however, that the superintendent of schools may, but is under no obligation to, attest to this.
5. Home-instructed students can take the GED exam, when they have reached eligibility to do so. Students passing the GED exam can share their General Equivalency Diplomas with college admissions personnel.
Source (http://www.emsc.nysed.gov/nonpub/homeschoolingqanda.htm#(IHIP))