the school district shall send to the parents a copy of section 100.10 of the regulations of the Commissioner of Education and a form on which to submit an individualized home instruction plan (IHIP) for each child of compulsory attendance age who is to be taught at home.

(2) Within four (4) weeks of the receipt of such materials, or by August fifteenth, or for the 1988-89 school year by September 15, 1988, whichever is later, the parent shall submit the completed IHIP form to the school district. The district shall provide assistance in preparation of the forms, if requested by the parents.

(3) Within ten (10) business days of receipt of the IHIP, or by August thirty-first, or for the 1988-89 school year by September 30, 1988, whichever is later, the school district shall either notify~ the parents that the IHIP complies with the requirements of subdivisions (d) and (e) of this section or shall give the parents written notice of any deficiency in the IHIP.

(4) Within fifteen (15) days of receipt of a notice of a deficiency in the IHIP, or by September fifteenth, or for the 1988-89 school year by October 15, 1988, whichever is later, the parents shall submit a revised [HIP which corrects any such deficiencies.

(5) The superintendent of schools shall review the revised IHIP and shall notify the parents as to whether the revised IHIP complies with subdivisions (d) and (e) of this section within fifteen (15) days of receipt of the revised IHIP or by September thirtieth, or for the 1988-89 school year by October 31, 1988, whichever is later. If the revised IHIP is determined not to be in compliance with subdivisions (d) and (e) of this section, then the parents shall be notified in writing of the reasons for such determination. Such notice shall also contain the date of the next regularly scheduled meeting of the board of education that will be held at least ten (10) days after the date of mailing of the notice, and shall indicate that if the parents wish to contest the determination of noncompliance, the parents must so notify the board of education at least three (3) business days prior to such meeting. At such board meeting, the parents shall have the right to present proof of compliance, and the board of education shall make a final determination of compliance or noncompliance.

(6) The parents shall have the right to appeal any such final school district determination of noncompliance to the Commissioner of Education within thirty (30) days after receipt of such determination.

(7) When administrative review of a school district determination of noncompliance is completed the parents shall immediately provide for the instruction of their children at a public school or elsewhere in compliance with Education Law sections 3204 and 3210. For purposes of this subdivision, such administrative review shall be deemed to be completed when one of the following events have occurred:


(i) the parents have failed to contest a determination of noncompliance by appealing to the board of education; or

(ii) the parents have failed to appeal a final school district determination of noncompliance to the Commissioner of Education; or

(iii) the parents have received a decision of the Commissioner of Education which upholds a final school district determination of noncompliance.

 

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