Homeschooling in New York: A Comprehensive Legal Guide

New York is known for having some of the most rigorous homeschooling regulations in the United States. However, while the paperwork requirements are extensive, thousands of families successfully homeschool in the Empire State by following the structured guidelines set forth by the New York State Education Department (NYSED). This guide provides a step-by-step breakdown of how to remain compliant with state law.

The Legal Landscape

Homeschooling in New York is governed by the Regulations of the Commissioner of Education, Part 100.10. Unlike states where homeschooling is a matter of simple notification, New York requires an ongoing relationship between the homeschooling family and the local school district, involving multiple filings throughout the year.

Compulsory Attendance

In New York, children must receive full-time instruction from the age of 6 until the age of 16. Note that the compulsory age begins at the start of the school year in September if the child turns six by December 1st. In some districts, including New York City and Buffalo, the local board of education may extend the compulsory age to 17 for students who are not employed.

The Home Instruction Pathway

There is one standard pathway for homeschooling in New York. While some families use online programs or private tutors, they all fall under the “Home Instruction” regulations unless the child is enrolled in a physical private school.

1. The Letter of Intent (LOI)

Every year, you must submit a Letter of Intent to the superintendent of your local school district. This must be done by July 1st or within 14 days of starting your homeschool program. This letter simply states that your child will be homeschooled for the upcoming school year.

2. The Individualized Home Instruction Plan (IHIP)

Within 28 days of receiving the district’s response to your LOI, you must submit an IHIP. This is a detailed document that includes:

• The child’s name, age, and grade level.
• A list of the syllabi, curriculum materials, textbooks, or plan of instruction for each required subject.
• The names of the individuals providing instruction.
• A schedule for when you will submit your four quarterly reports.

3. Required Subjects and Hours

New York law is very specific about what must be taught. You must provide the equivalent of 180 days of instruction per year.

• Grades 1-6: 900 hours per year.
• Grades 7-12: 990 hours per year.

Subject Requirements include:

• All Grades: Arithmetic, reading, spelling, writing, English, geography, US history, science, health, music, art, and physical education.
• Specific Requirements: Civics, New York State history, and the Highway Safety/Fire Safety/Alcohol and Drug Abuse education must be integrated at specific intervals during the K-12 journey.

4. Quarterly Reports

Four times a year, on the dates you specified in your IHIP, you must submit a quarterly report to the district. This report must include:

• The number of hours of instruction provided during the quarter.
• A description of the material covered in each subject.
• A grade or narrative evaluation for each subject.

5. Annual Assessment

At the end of each school year, you must submit an annual assessment.

• Grades 1-3: You may choose between a standardized test or a written narrative evaluation by a certified teacher or a peer review panel.
• Grades 4-8: A standardized test must be used at least every other year. In the “off” years, a narrative evaluation is permitted.
• Grades 9-12: A standardized test is required every single year.

Acceptable tests include the Iowa Test of Basic Skills, the California Achievement Test (CAT), and the Stanford Achievement Test, among others.

School Choice and ESA Programs

As of 2024, New York does not have an Education Savings Account (ESA) program, vouchers, or tax-credit scholarships for homeschoolers. Homeschooling is entirely self-funded by the parents. While New York has a highly developed public school system, homeschoolers generally do not have a statutory right to participate in public school extracurricular activities or sports; participation is at the discretion of the individual school district.

Special Education Services

Under Section 3602-c of the Education Law, homeschooled students with disabilities are eligible to receive special education services (such as speech therapy or OT) from their local school district. To access these services, a written request must be submitted to the district by June 1st preceding the school year in which services are needed.

Summary of Compliance Steps

1. July 1: Submit Letter of Intent (LOI).
2. August (approx): Submit Individualized Home Instruction Plan (IHIP).
3. Quarterly: Submit Quarterly Reports and attendance records.
4. Year-End: Complete and submit Annual Assessment results.

Official Resources

• New York State Education Department Home Instruction
• NY Commissioner’s Regulation 100.10