Regional School and Community Services
PART 100.10 OF REGULATIONS THE COMMISSIONER EDUCATION
Pursuant to sections 207, 3204, 3210, 3212 and 3234 of the Education Law
The Regulations of the Commissioner of Education are amended, effective July 1, 1988, by the addition of the new section 100.10 to read as follows:
100.10. Home Instruction.
(a) Purpose of section. The purpose of this section is to establish procedures
to assist school authorities in fulfilling their responsibility under Education
Law sections 3204(2) and 3210(2)(d) and in meeting their responsibility of
determining the competency of the instructor and substantial equivalence of
instruction being provided at home to students of compulsory school attendance
age, and to assist parents who exercise their right to provide required instruction
at home to such students in fulfilling their responsibilities under Education
Law section 3212(2).
(b) Notice of intention to instruct at home.
(1) Except as otherwise provided in paragraphs (2) and (3) of this subdivision,
parents or other persons in parental relation to a student of compulsory.
school attendance age shall annually provide written notice to the superintendent
of 59h0015 of their school district of residence of their intention
to educate their child at home by July first of each school year. The
school year begins July first and ends June thirtieth for all purposes
within this section. In the case of the City School District of the
City of New York, the school district of residence for students who,
if enrolled in the public schools, would attend elementary school, intermediate
school or junior high school in a community school district shall be
deemed to be the community school district in which the parents reside.
(2) Parents who determine to commence home instruction after the start
of the school year, or who establish residence in the school district
after the start of the school year, shall provide written notice of their
intention to educate their child at home within fourteen (14) days following
the commencement of home instruction within the school district.
(3) For the 1988-89 school year only, the written notice of intention
to instruct at home required in paragraph (1) of this subdivision shall
be due on August 1, 1988.
(c) Procedures for development and review of an individualized home instruction
(1) Within ten (10) business days of the receipt of the notice of intention
to instruct at home,