HOMESCHOOLING IN NEW YORK & HOMESCHOOL LAWS
You may be considering homeschooling in New York state, but don’t know where to start regarding New York homeschool laws and requirements. This guide will walk you through what you need to know to successfully set up your own homeschool program legally in New York state. We’ll cover the history of homeschooling in New York, current laws and regulations, required notifications and filings, curriculum and testing choices, high school transcripts, extracurricular activities, graduation requirements, and accessing special education services.
History of Homeschooling in New York
Homeschooling has a long and rich New York state history. In the colonial era and early days of the republic, most children were educated at home by parents or tutors before the rise of public school in the mid-19th century. Famous New Yorkers like Alexander Hamilton and Washington Irving were largely homeschooled.
The modern homeschooling movement began growing in popularity in the 1960s and 70s, spurred by educators like John Holt who argued that children learn best outside of formal classrooms. In 1988, New York state became one of the first states to officially recognize and pass New York homeschooling laws and recognize home-based education as a legal educational alternative with the passing of Section 100.10 education law of the New York homeschool laws.
Since then, the number of families choosing to homeschool in New York state has steadily increased. As of 2021, it’s estimated that over 100,000 children are homeschooled in the state, representing about 3% of the total student population. The COVID-19 pandemic sparked a new surge of interest, with many parents started homeschooling due to dissatisfaction with remote learning options or health concerns.
Current New York Laws and Regulations
In New York, when families start homeschooling, they must adhere to the homeschooling regulations of the education law, including submitting quarterly reports that detail the child’s adequate progress made through their chosen homeschooling programs.
In New York state, the age of compulsory schooling for all children are ages 6-16 or until the completion of high school, whichever comes first. Parents have the right to fulfill this requirement through attendance records at a nonpublic school or public school or through homeschooling.
In accordance with New York homeschool laws, parents must file a written notice of intent annually with their local school district superintendent by July 1st or within 14 days of beginning a home instruction plan IHIP. In accordance with New York homeschool law, this written notice must include:
Name, age, grade level, and residence of the child
Name, address, and telephone number of the parent(s)
Name and address of any other person providing instruction (if not the parent)
Dates home instruction will begin and end for the school year
The school district must then respond to the family and provide a copy of the home instruction education law as well as an individualized home instruction plan (IHIP) form to complete in accordance with New York homeschool laws. This form is completed by the parent and returned within four weeks of receipt (or by August 15 of subsequent homeschool years) in compliance with the homeschool law in New York. Parents are responsible for identifying the curriculum materials that they will use to instruct their children in the required subject areas.
Homeschool instruction must be provided in at least 10 specified subject areas and be “substantially equivalent” in scope and quality to that provided in public schools in compliance with New York homeschool laws. The following subjects are required under New York homeschool laws:
For grades 1-6: Arithmetic, reading, spelling, writing, English, geography, science, health education, music, visual arts, physical education, bilingual education and/or English as a second language where the need is indicated.
For grades 7-8: English, United States history and geography, science, mathematics, physical education, health education, art, music, practical arts, and library skills.
For grades 9-12: English, social studies (including American history, participation in government), mathematics, science, art or music, health education, physical education, and electives sufficient to meet diploma requirements.
Instruction must be provided by “a competent teacher”, which New York homeschool law defines as someone capable of providing instruction in the required subjects. In most cases, this is the child’s parent. Parents do not need to hold formal teaching credentials under New York homeschooling laws but should be able to demonstrate basic competency if requested by school district officials.
How to Set Up a Homeschool In New York
To start homeschooling in New York, follow these steps to comply with New York homeschool laws:
Send a written notice of intent to homeschool to the superintendent of your local school district. You can submit the form online on the NY DOE website in compliance with the New York homeschool law.
If you are removing your child from public school to homeschool, inform their current school in writing of your intent to homeschool. Include the date home instruction will begin.
If you are moving into New York from another state and plan to homeschool, file the notice of intent within 14 days of establishing residence in your new school district in compliance with New York state homeschool laws. If available, include copies of your child’s education records and proof of homeschooling in your previous state.
Submit an individualized home instruction plan IHIP. The individualized home instruction plan 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. The established procedures assist school authorities in fulfilling their responsibility under the Education Law of New York.
Develop your curriculum plan and gather necessary educational materials covering the required subject areas for your child’s grade level. You can design your own curriculum, utilize a prepackaged instructional program, or combine elements of both. The parent must submit a completed individualized home instruction plan within four weeks of receiving the materials, or by August whichever is later in accordance with NY state homeschool laws.
Set up a dedicated learning space in your home stocked with supplies like books, workbooks, art materials, manipulatives, computer and printer, etc. A designated homeschool New York area helps keep students focused and organized.
Begin instruction, maintaining records of your child’s educational activities, work samples, and progress. Consider using a homeschool New York planner or portfolio app to make documentation easier.
Each school year during grades K-12, students must learn about patriotism and citizenship health education regarding alcohol, drug, and tobacco misuse, highway safety and traffic regulations, including bicycle safety, fire and arson prevention (required under the education law).
Maintaining Your New York Homeschool
To maintain your homeschool’s status and avoid truancy issues, there are several ongoing requirements under the homeschooling laws in New York:
Submit an annual assessment with the fourth quarterly report for each homeschooled child by June 30th (or a different date if specified by your school district). You have three options for the assessment under the homeschooling law in New York:
Results from a commercially published norm-referenced achievement test administered by a qualified test proctor.
An evaluation and report by a certified teacher, home instruction peer review panel, or other qualified person.
A written narrative evaluation prepared by a certified teacher, peer review panel, or other qualified person.
Keep detailed attendance records demonstrating that your homeschool program is “substantially equivalent” to that of a public school in amount of instructional time. One credit is generally equivalent to 180 minutes of instruction per week. Most districts consider 900 hours per school year for grades 1-6 and 990 hours per year for grades 7-12 to be substantially equivalent.
Maintain a record of the syllabi, curriculum materials, textbooks or plan of instruction for each child. These records must be kept on file for at least 7 years and be available for inspection by school district officials upon request.
Attend quarterly meetings with school district officials if requested to discuss the homeschool program and the child’s progress. Some districts require these meetings, while others only hold them if there are concerns about educational equivalency.
Submit quarterly reports to the local district superintendent stating their child’s progress in meeting educational objectives and the child has received the substantial equivalent of a public school education.
Submit a new notice of intent each school year by July 1st or within 14 days of the expiration of the previous year’s notice. Failure to do so can result in your homeschool program being deemed out of compliance.
Some districts may have their own additional requirements, so it is important to check with your local superintendent and review their homeschooling policy.
New York Homeschool Reporting Requirements
The primary reporting requirements for NY homeschoolers are:
Filing the annual notice of intent to homeschool by July 1st or within 14 days of beginning instruction of the school year.
Submitting an annual assessment (either standardized test scores, written evaluation, or written narrative report) for each child by June 30th of the school year with the final quarterly report.
Meeting quarterly with district officials to review homeschool records and quarterly reports of student progress if required.
Parents should keep detailed documentation of these reports along with attendance logs, curriculum plans, work samples and other relevant homeschooling records. If a district determines that a family has failed to demonstrate substantial equivalency, they may require parents to submit a remediation plan or initiate further action.
A standardized test is one option for fulfilling the annual assessment requirement, but it is not mandatory under the homeschool laws in New York.
The NYS Department of Education has approved the following standardized tests for homeschool use:
Iowa Test of Basic Skills (ITBS)
California Achievement Test (CAT)
Stanford Achievement Test comprehensive Test of Basic Skills (CTBS)
Metropolitan Achievement Test (MAT)
State Education Department Test
If administering a standardized test, parents should submit proof that the exam was given by a qualified proctor at the time of their annual assessment, but are not required to provide the district with their child’s detailed score report. These results should be maintained for personal records only.
For more information on state testing and reporting requirements, see the NYS Department of Education’s “Home Instruction Questions and Answers” page.
Homeschool Testing In New York
Testing is one of the requirements for homeschooling in New York state. Standardized testing is required at least every other year. An alternative form of evaluation may be used on the off years. Here are some key points about the testing requirements:
Students in fourth grade to eighth grade must take the same state tests in mathematics and English language arts that are given to public school students.
Students in fourth grade to eighth grade must also take a state science test.
The tests must be administered by a certified teacher or someone approved by the district.
Test scores must be reported to the district where the homeschooling takes place.
There are no specific pass/fail criteria that homeschooled students must meet on these tests. The scores are used to help evaluate if the home instruction program is academically equivalent to public schooling.
Standardized achievement tests from approved publishers (like Stanford, Iowa Tests of Basic Skills, etc.) can be substituted as an alternative form of the state tests.
In summary, annual standardized testing in core subjects is mandatory for New York homeschooled students to ensure adequate academic progress. The results help districts monitor if the parents providing home instruction is truly equivalent to classroom instruction.
Funding Your New York Homeschool
As in most states, homeschooling expenses are the responsibility of the parent in New York. The state does not provide any specific funding for homeschool programs, materials, or activities. However, there are several ways industrious homeschoolers can reduce their costs:
Utilize free online educational resources
Take advantage of your local public library system to access books, periodicals, videos, and educational software at no cost
Join a local or regional homeschool co-op or local support groups to share the cost of field trips, classes, materials, and other resources
Shop for used curriculum and books online through sites like Homeschool Classifieds, eBay, and Amazon Marketplace
Attend a homeschool curriculum fair or convention to comparison shop for the best deals on materials and take advantage of vendor discounts
Apply for need-based scholarships from homeschool organizations and curriculum providers
Some expenses related to homeschooling may be tax-deductible, such as materials and supplies, computer equipment, educational software, and outside tutoring. Consult with a qualified tax professional to determine which expenses you may be able to deduct and what records are necessary for documentation.
Federal Tax Breaks
Homeschooling families may be eligible for certain federal tax benefits to help offset educational expenses. One option is a Coverdell Education Savings Account, which allows money to grow tax-free when used for qualified education costs. Homeschool parents might also be able to deduct a portion of mortgage interest or rent if part of the home is used regularly and exclusively for homeschooling. Finally, tax credits or deductions could be available for required books, supplies, equipment and curricula used for homeschool instruction. To learn more about these potential tax advantages, homeschooling families should review the information and resources provided by the IRS.
New York Immunization Requirements
All students in New York, whether in public, private, or home school, must comply with state immunization requirements.
Homeschool parents must submit proof that their child has received the required immunizations, or a valid medical exemption signed by a licensed physician to their district along with their notice of intent. Medical exemptions must be reissued annually. As of June 2019, religious and philosophical exemptions are no longer accepted in New York.
For more details on the state immunization schedule and homeschool vaccination requirements, see the NYS Department of Health website.
New York State Graduation Requirements
To earn a high school diploma as a homeschooler in New York, students must complete a high school education of a minimum of 22 credits in the following subjects:
English: 4 credits
Social Studies: 4 credits
Mathematics: 3 credits
Science: 3 credits
World Languages: 1 credit
Arts: 1 credit
Physical Education: 2 credits
Health: 0.5 credits
Electives: 3.5 credits
Parents determine when their student has fulfilled these credit requirements of the high school education and can issue a homeschool diploma. This parent-issued diploma can be used to apply to colleges, trade schools, the military, and employment. Homeschoolers who take a specific sequence of classes at community college can qualify to receive the equivalent of a high school diploma.
Alternatively, homeschooled students age 16+ can earn a NYS High School Equivalency Diploma by passing the Test Assessing Secondary Completion (TASC) exam and getting a letter of substantial equivalency. This nationally recognized diploma is accepted by most colleges and employers. More information on the TASC and eligibility criteria can be found here.
New York Homeschool Charters
While New York does not currently have a public homeschool charter school option like some states, many school districts partner with BOCES (Boards of Cooperative Educational Services) to offer alternative programs that provide support to homeschooling families.
For example, the Capital Region BOCES operates a part-time Homeschool Support program where students in grades K-12 can attend classes in core subjects and extracurriculars taught by certified teachers at a BOCES learning center 2-3 days per week. Parents are responsible for providing instruction in non-program subjects. Similar programs exist through other BOCES like Erie 1 and Questar III.
Enrollment is voluntary and space may be limited. Participating students must still follow the state homeschool regulations regarding notification and assessment.
Local New York Homeschooling Resources
In addition to BOCES programs, there are many local organizations and businesses that offer classes, activities, and resources for homeschool families in New York:
NYS Loving Education at Home (LEAH) – Statewide support group with regional chapters that host co-ops, clubs, field trips, and an annual convention
NYC Home Educators Alliance (NYCHEA) – New York City-based homeschool network with online forums, newsletter, and events
Many cultural institutions like museums, historical sites, zoos, and performing arts centers provide special programs and discounts for homeschool students and parents. A few to check out include:
American Museum of Natural History (NYC) – Homeschool Science Series [Museum Programs for Children & Families | AMNH]
Roberson Museum and Science Center (Binghamton) – Homeschool STEAM Labs
Adirondack Experience (Blue Mountain Lake) – Homeschool Days
Albright-Knox Art Gallery (Buffalo) – Homeschool Art Classes
Don’t forget to investigate offerings for the homeschool community at your local public library, community college, arts centers, nature preserves, and other educational organizations.
