Required courses.

1. For purposes of this subdivision, a unit means 6,480 minutes of instruction per school year.

2. Instruction in the following subjects shall be required:
   
   

   1. For grades one through six: arithmetic, reading, spelling, writing, the English language, geography, United States history, science, health education, music, visual arts, physical education, bilingual education and/or English as a second language where the need is indicated.

   2. For grades seven and eight: English (two units); history and geography (two units); science (two units); mathematics (two units); physical education (on a regular basis); health education (on a regular basis); art (one-half unit); music (one-half unit); practical arts (on a regular basis); and library skills (on a regular basis). The units required herein are cumulative requirements for both grades seven and eight.

   3. The following courses shall be taught at least once during the first eight grades: United States history, New York State history, and the Constitutions of the United States and New York State.

   4. For grades 9 through 12: English (four units); social studies (four units), which includes one unit of American history, one-half unit in participation in government, and one- half unit of economics; mathematics (two units); science (two units); art and/or music (one unit); health education (one-half unit); physical education (two units); and three units of electives. The units required herein are cumulative requirements for grades 9 through 12.

   5. Education Law, sections 801, 804, 806 and 808, also require the following subjects to be covered during grades kindergarten through 12

      1. patriotism and citizenship;

      2. health education regarding alcohol, drug and tobacco misuse;

      3. highway safety and traffic regulations, including bicycle safety; and

      4. fire and arson prevention and safety.

3. A student shall be exempted from the unit of study requirement of paragraph (1) of this subdivision if such student is unable to meet such unit of study requirement due to the State of emergency declared by the governor pursuant to an Executive Order for the COVID-19 crisis where such student otherwise achieves the learning outcomes for the portion of such unit of study completed.

Annual assessment. At the time of filing the fourth quarterly report as specified in the IHIP, the parent shall also file an annual assessment in accordance with this subdivision. The annual assessment shall include the results of a commercially published norm referenced achievement test which meets the requirements of paragraph (1) of this subdivision, or an alternative form of evaluation which meets the requirements of paragraph (2) of this subdivision.

1. Commercially published norm-referenced achievement tests.

   1. The test shall be selected by the parent from one of the following: the Iowa Test of Basic Skills, the California Achievement Test, the Stanford Achievement Test, the Comprehensive Test of Basic Skills, the Metropolitan Achievement Test, a State Education Department test, or another test approved by the State Education Department.

   2. The test shall be administered in accordance with one of the following options, to be selected by the parents:

      1. at the public school, by its professional staff;

      2. at a registered nonpublic school, by its professional staff, provided that the consent of the chief school officer of the nonpublic school is obtained;

      3. at a non-registered nonpublic school, by its professional staff, provided that the consent of the superintendent of schools of the school district and of the chief school officer of the nonpublic school is obtained; or

      4. at the parents' home or at any other reasonable location, by a New York State- certified teacher or by another qualified person, provided that the superintendent has consented to having said certified teacher or other person administer the test.

   3. The test shall be scored by the persons administering the test or by other persons who are mutually agreeable to the parents and the superintendent of schools.

   4. The test shall be provided by the school district upon request by the parent, provided that the cost of any testing facilities, transportation, and/or personnel for testing conducted at a location other than the public school shall be borne by the parent.

   5. If a score on a test is determined to be inadequate, the program shall be placed on probation pursuant to subdivision (i) of this section. A student's score shall be deemed adequate if:

      1. the student has a composite score above the 33rd percentile on national norms; or

      2. the student's score reflects one academic year of growth as compared to a test administered during or subsequent to the prior school year.

2. Alternative evaluation methods. An alternative form of evaluation shall be permitted to be chosen by the parent only as follows:

   1. for grades one through three, a written narrative prepared by a person specified in subparagraph (iii) of this paragraph;

   2. for grades four through eight, a written narrative prepared by a person specified in subparagraph (iii) of this paragraph. This alternative form of evaluation may be used no more often than every other school year for these grades;

   3. for the purposes of this paragraph, the person who prepares the written narrative shall be a New York State-certified teacher, a home instruction peer group review panel, or other person, who has interviewed the child and reviewed a portfolio of the child's work. Such person shall certify either that the child has made adequate academic progress or that the child has failed to make adequate progress. In the event that such child has failed to make adequate progress, the home instruction program shall be placed on probation pursuant to subdivision (i) of this section. The certified teacher, peer review panel or other person shall be chosen by the parent with the consent of the superintendent. Any resulting cost shall be borne by the parent.

3. If a dispute arises between the parents and the superintendent of schools, including disputes over the administration of the commercially published norm-referenced achievement test or the use of alternative evaluation methods, the parents may appeal to the board of education. If the parents disagree with the determination of the board of education, the parents may appeal to the Commissioner of Education within 30 days of receipt of the board's final determination.

4. Due to the State of Emergency declared by the governor pursuant to an Executive Order for the COVID-19 crisis, students shall be exempt from the annual assessment and alternative evaluation requirements of this subdivision for the 2019-20 school year where a student otherwise achieves the learning outcomes in accordance with this IHIP.