Serving families in compliance with New York State Commissioner’s Regulation §100.10
Q: Do I have to register my child in the public school if I’m homeschooling?
A: No. Parents are not required to register their child in public school to homeschool. However, districts may ask for proof that the student resides in the district and is of compulsory school age (6–16 outside NYC, 6–17 in NYC).
Q: When must instruction begin?
A: Children who turn six on or before December 1 must begin instruction at the start of that school year. Children who turn six after December 1 begin instruction the following September.
Q: When starting home instruction mid-year, what are the required timelines?
A:
Within 14 days: Submit a Letter of Intent.
Within 10 business days of receipt: The district provides CR 100.10 and IHIP form.
Within 4 weeks of receipt: Parents must submit a completed IHIP.
Within 10 business days of IHIP receipt: The district must approve or issue written notice of deficiency.
Within 15 days: Parents must correct and resubmit deficient IHIPs.
Within 15 days: The district must confirm compliance.
Instructional Program & Requirements
Q: What must be included in an Individualized Home Instruction Plan (IHIP)?
A: The IHIP must include for each required subject either:
A list of syllabi, curriculum materials, and textbooks; or
A written plan of instruction.
Also required:
Instructor’s name (if not the parent)
Dates quarterly reports will be submitted
Q: Are there specific requirements for physical education or health?
A: Yes. All students must receive physical education. Health instruction must include:
Substance abuse prevention (required by law)
AIDS education at least once in grades K–6, 7–8, and 9–12
Human sexuality and family planning are optional.
Q: Must instruction follow the public school calendar or daily schedule?
A: No. Families have flexibility. Instruction must meet the minimum hour requirements (900 hours/year for grades 1–6, 990 hours/year for grades 7–12), but may occur outside the traditional school day.
Q: Does the district provide my materials?
A: No, there is no obligation for the district to provide any materials, tests, books, library access, etc. This includes standardized exams. Districts also do not have to provide remedial services or health services.
Q: Can my child be homeschooled part-time?
A: No, it is against legislative law to be dual-enrolled with any instructional program in a public school. This includes being part-time at your home district or part-time at BOCES. However, you can have access to summer school. This includes interscholastic sports or intermural sports programs.
Q. What if my child is taking college classes?
A: “A statement that the child will be meeting the compulsory educational requirements of Education Law, section 3205, through full-time study at a degree-granting institution, meaning enrollment for at least 12 semester hours in a semester or its equivalent, if that is the case. In this situation, the IHIP shall identify the degree-granting institution and the subjects to be covered by that study.”
On the IHIP, identify the college and course.
This may be for one subject or multiple subjects.
A three-credit course is the equivalent of one unit.
Q: Can I get special education services for my student?
A: Please see the NYSED website below for information on the commissioner's ruling on special education and home instruction: https://www.nysed.gov/nonpublic-schools/home-instruction
If you would like your student assessed by the Committee on Special Education, please contact your local school district for further information.
Q: Are homeschool students required to take New York State tests?
A: No. Homeschool students are not required to take Grades 3–8 state tests or Regents exams. However, parents may request district approval to participate. Participation is at the discretion of the school district.
Q: What is required for the annual assessment?
A:
Grades 1–3: A written narrative or standardized test may be used each year.
Grades 4–8: A standardized test is required every other year (narratives are allowed in alternate years).
Grades 9–12: A standardized test is required annually.
Test selection must be shared by the Quarter 3 report or earlier. If the chosen test is not on the NYSED-approved list, the district must approve it.
Q: What happens if the student does not meet minimum progress?
A: The home instruction program may be placed on probation if: Standardized test scores fall below the 33rd percentile or do not show one year’s growth, or the narrative indicates inadequate progress.
Diplomas, Credits & College Admission
Q: Can homeschooled students earn high school credits or a Regents diploma?
A: No. Only registered secondary schools may issue high school diplomas or credits. However, homeschooled students may:
Take early college courses that count for both college and high school.
Start asking questions early of your chosen college or military branch.
Ask the district for a letter of completion that indicates you have met
all the requirements for home instruction per the regulations.
Q: How do homeschool students apply to college?
A: Admission is the responsibility of the student and family. Colleges may request:
A portfolio of work
Standardized test scores (e.g., SAT, ACT)
Regents exam results (if taken)
A Letter of Completion or Letter of Equivalency
GED (if eligible and preferred by the institution)
Q: Can homeschooled students participate in sports, music, or clubs?
A:
Interscholastic Sports: No. Students must be enrolled in the public school.
Intramurals: No. Participation is limited to enrolled students.
Clubs and Extracurriculars: Yes, at the district’s discretion. It is recommended that districts have clear policies in place.
Q: Can homeschooled students receive remedial instruction or dual enrollment?
A: No. Districts are not obligated to provide remedial or general education services to homeschool students. However, special education services may be available under Section 3602-c.
Q: Are homeschool students required to be vaccinated?
A: Not for home instruction alone. However, if a student participates in activities or assessments on school grounds, immunization records may be required—especially during a public health outbreak.
Q: How long are home instruction records retained by the district?
A: There is no specific legal requirement. Best practice suggests keeping records for six years after the student would have graduated.
Q: Must families maintain records?
A: Parents are required to maintain attendance records. It is also recommended they keep copies of IHIPs, quarterly reports, assessments, and correspondence with the district.
Q: Do parents need to be certified teachers or submit credentials?
A: No. There are no credentialing requirements for parents or tutors.
Q: What if I use a correspondence school or online program?
A: Parents must still submit a Letter of Intent, IHIP, quarterly reports, and an annual assessment. Compliance is based on where the instruction takes place, not who provides the curriculum.