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New York State Homeschooling Law (Current
2007)
Below is brief summary of the homeschooling law in New York. For a
detailed analysis of homeschooling in New York, see:
(Legal
Analysis)
Compulsory School Age
"a minor who becomes six years of age on or before the first of December
in any school year...until the last day of session in the school year in
which the minor becomes sixteen years of age" or completes high school.
Any school district may raise the age to 17 years.
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New York Legal Home Schooling
Options: 1
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Option: 1
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Legal Option:
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Establish and operate a home school
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Attendance:
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Substantial equivalent of 180 days per year; 900 hours per year
for grades 1-6; 990 hours per year for grades 7-12
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Subjects:
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Grades K-12: patriotism and citizenship, substance abuse,
traffic safety, fire safety; Grades 1-6:arithmetic, reading,
spelling, writing, English, geography, U.S. history, science,
health, music, visual arts, and physical education; Grades
7-8:English, history and geography, science, mathematics,
physical education, health, art, music, practical arts, and
library skills; At least once in grades 1-8: U.S. and New York
history and constitutions; Grades 9-12: English, social
studies--including American history, participation in
government, and economics, math, science, art or music, health,
physical education, and electives
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Qualifications:
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“Competent” - A person is deemed to be competent if they follow
the regulations.
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Notice:
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File annual notice of intent with the local superintendent by
July 1 or within 14 days if starting home schooling mid-year;
complete and submit an Individualized Home Instruction Plan
(form provided by district)
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Recordkeeping:
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Maintain attendance records (must make available for inspection
upon request of the local superintendent); file, with the local
superintendent, quarterly reports listing the number of hours of
instruction during quarter, description of material covered in
each subject, and a grade or narrative evaluation in each
subject
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Testing:
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File, with the local superintendent, an annual assessment by
June 30; must be from a standardized test every other year in
grades 4-8, and every year in grades 9-12; the child should
score above the 33rd percentile or their home instruction
program could be placed on probation; other years can be
satisfied by either another standardized test or a written
narrative evaluation prepared by a certified teacher, a home
instruction peer review panel, or other person chosen by the
parent with the consent of the superintendent
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NOTE: This summary is not intended to be, and
does not constitute, the giving of legal advice. Many states have
unclear compulsory attendance statutes, and the courts of those
states vary in their interpretation of the statutes. Therefore,
there is no guarantee any state will accept all of the options for
compliance listed under each state. This summary is not intended to
be a substitute for individual reliance on privately retained legal
counsel such as that provided by Home School Legal Defense
Association.
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