4327 

Home Instruction

Home Instruction

Home instruction will be provided in accordance with Education Law for those students unable to attend school but who are nevertheless able to profit from instruction. Such instruction shall be provided in the manner most suitable in each case.

Home, Hospital or Institutional Instruction

Home, hospital, or institutional instruction (sometimes referred to as homebound instruction) is an educational service provided by school districts to resident students enrolled in a public or nonpublic school who are unable to attend school in person for at least ten days during a three month period due to illness or injury which requires the student to remain at home or in a hospital or other institution for the treatment of children, other than a school. 

Upon receipt of documentation of such illness or injury from the child’s healthcare provider, the school will notify the parent/guardian that homebound instruction is available.

The District will provide home, hospital, or institutional instruction to all resident students enrolled in a public or nonpublic school from kindergarten to age 21 when, due to a temporary or chronic physical, mental, or emotional illness or injury, as documented by the student's treating healthcare provider (physician, physician assistant, certified nurse practitioner or other person licensed or authorized to diagnose in a profession under Article VIII, Education Law), the student is unable to participate in their usual education setting. 

This instruction may be provided by a tutor, certified as a teacher in New York State, who may be a District employee or a teacher employed by a BOCES through a contract with the District, or an individual with whom the District contracts for such services. For hospital and institutional instruction, the instruction may also be provided via contract with a school connected with the hospital or institution, or by contract with the local public school district in which the hospital or institution is located. This contract will be limited to the cost of educational services and will not include maintenance or medical services. 

Request for Home, Hospital, or Institutional Instruction 

To request home, hospital, or institutional instruction for a resident student, the parent/guardian must submit a request to the District that includes written medical verification from the student's treating healthcare provider demonstrating the student's anticipated inability to attend school in person for at least ten days during the next three months, and written consent authorizing the District Medical Director or designee to contact the student's treating healthcare provider. Refusal to provide this written consent will result in a denial of the request for such instruction. 

The request will be forwarded to the District Medical Director, who will review the need for such instruction and either approve or deny the request. During this review, the District Medical Director may contact the student's treating healthcare provider to obtain additional information necessary regarding the student's health or mental health. 

Within five school days after receipt of written medical verification from the student's treating healthcare provider, the District will notify the parent or guardian whether their request for home, hospital, or institutional instruction has been approved or denied, including the reason for denial.

Parents/guardians may appeal the denial of home, hospital, or institutional instruction to the Board within ten school days of receipt of notification of the denial. Home, hospital, or institutional instruction will be provided while an appeal to the Board is pending. 

Requirements

Home, hospital, or institutional instruction to a student must start within five school days after receiving notification of the student's medical condition or within five school days from the request for such instruction, whichever occurs first. This instruction, which may include remote instruction, will meet the minimum requirements:

1. The District will establish a written instruction delivery plan to continue the student's academic progress, obtaining and considering input from the parent/guardian and, if appropriate, the student. The instruction delivery plan will be reviewed by the District as needed, based upon changed conditions and/or needs of the student. The instruction delivery plan will include, but not be limited to: 

a. The number of hours per week and hours per day that the student will receive instructional services; 

b. The method by which instructional services will be delivered; 

c. The location where instructional services will be provided, such as the home, hospital, or institution; and 

d. An explanation of how the instructional services will enable the student to maintain academic progress. 

2. The student will receive instruction for the number of days and length of time necessary to continue the student's academic progress, which includes at a minimum: 

a. At the elementary level, ten hours of instruction per week with, to the extent possible, at least two hours of instruction provided daily; 

b. At the secondary level, 15 hours of instruction per week with, to the extent possible, at least three hours of instruction provided daily. 

3. Students may receive less than the required amount of instruction per week if requested by their parent/guardian and supported by documentation submitted by their treating healthcare provider. The District will ensure that the student is unable to receive the additional hours of instruction and that the reason why the student is receiving less instruction is documented in the instruction delivery plan. 

When a student is receiving less than the required amount of instruction per week, the District will ensure that the student's instruction delivery is reviewed regularly, but not less than once a month, to determine when the student's instructional hours may be increased. However, the student must receive the following instruction, at a minimum: 

a. At the elementary level, five hours of instruction per week with, to the extent possible, at least one hour of instruction provided daily; 

b. At the secondary level, ten hours of instruction per week with, to the extent possible, at least two hours of instruction provided daily. 

4. The District will maintain a record of delivery of instructional services and student progress. This includes, but is not limited to, a record of the dates, amount, and type of instructional services the student received including the tutor's name, subjects taught, and the location where the instructional services were provided. 

Students with Disabilities 

Students with disabilities who are recommended for home, hospital, or institutional instruction by the Committee on Special Education (CSE) will be provided instruction and appropriate related services, as determined and documented by the CSE in consideration of the student's unique needs. This instruction will only be recommended if the placement is in the least restrictive environment and must be provided for at least the number and length of time as provided for other students receiving home, hospital, and institutional instruction. 

Alternative Instruction for Out-of-School Suspensions

Home instruction will be provided to a student within the compulsory education ages upon suspension from school for disciplinary reasons. The program of home instruction for each student will conform to the regulations of the Commissioner of Education, with such exceptions as may be recommended by the Superintendent or designee or the Committee on Special Education in accordance with the individual needs of the child’s educational program. This instruction may be provided in the student’s home or other location, including remotely, as determined by the District, balancing the best interests of the student, the safety of District personnel, and the District’s resources. Such instruction will be substantially equivalent to the instruction the student would have received in the regular education environment, to be determined on a case-by-case basis. Two hours per day/10 hours per week for elementary student and three hours per day/15 hours per week for secondary students of alternative instruction will be provided for such students to the extent possible.

The assigned home instructor will contact the student’s school for books and assignments. The home instructor will also contact the student’s parent/guardian to schedule the time for instruction. If the instruction is to be provided in the student’s home, the parent/guardian or another responsible adult must be present during the full period of instruction.


The District reserves the right to withhold or discontinue such instruction when a parent/guardian or other adult in authority is not at home with the student during the hours of instruction and an alternative site is not appropriate. If a parent/guardian is not present or leaves the premises, the home instructor will not provide the home instruction services or will discontinue such services for that day.


The home instructor will advise the District immediately if home instruction cannot be provided to a student due to the lack of an adult presence in the home. The home instructor will submit weekly time sheets to the District for each student, with the parent’s/guardian’s signature, as well as periodic progress reports.


Ref:

Education Law Sections 1604(20), 1709(24), 3202, 3214, and 4401 

8 NYCRR Sections 100.22, 175.21, and 200.6

Adoption date: December 1, 1995

Amended date: November 5, 2018

Amended date: December 3, 2018

Amended date: August 28, 2023

Reviewed date: September 21, 2023

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