BILL NUMBER:S286

TITLE OF BILL:
An act
to amend the education law, in relation to allowing home schooled
children to take certain career education classes at local boards of
cooperative educational services districts for free

PURPOSE:
To allow home schooled children to take certain career education
classes at local boards of cooperative educational services districts
for no charge.

SUMMARY OF PROVISIONS:
Section 3602-c of the education law is amended by adding a new
subdivision 2-d, which states that students who are entitled to
attend the public schools without the payment of tuition pursuant to
section 3202 of this chapter, and who are home schooled, shall, upon
the written request of the parent or person in parental relation of
such student, apply to the board of education of the local public
school district for the purpose of attending career education classes
at the local board of cooperative education services districts at no
charge.

JUSTIFICATION:
Section 3602-c of state education law does not allow home schooled
              

students to attend board of cooperative educational services (BOCES),
due to what is referred to as the "dual-enrollment" law. Dual
enrollment provisions authorize partial attendance at a public school
by nonpublic school students for the purpose of obtaining instruction
in the areas of occupational and vocational education, gifted
education, and education of students with disabilities. They do no
apply, however, to home-schooled students. The dual-enrollment
provisions apply only to students who attend attending nonpublic
schools recognized under state law as private elementary or secondary
schools. Home-schooled students do not fall into that category.

In addition, section 4602 of state education law specifies that boards
of education of each school district contract with BOCES for
services. Boards of education, then, are in charge of providing
services to their enrolled students. Since home schooled students are
not eligible for "dual enrollment," per section 3602-c of education
law, they cannot bypass the board of education of the local school
district and be enrolled in a BOCES program.

Many resident homeowners living in and paying taxes to their local
school district may choose to home school their children. These
taxpayers are not utilizing any of the school district's services,
including instruction or transportation, yet continue to support the
district through payment of taxes. This bill would allow home
schooled students who have an interest in pursuing a vocational or
technical career to apply to the local public school district in
which their family resides, and to which the family pays taxes, in
order to utilize BOCES services.

LEGISLATIVE HISTORY:


2011-2012: S.4787 - Referred to Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.