Deems home instruction which is compliant with the provisions of 8 NYCRR 100.10 to be substantially equivalent in amount and quality to the instruction given to students of like age and attainments at the public schools of the city or district where the student resides.
S T A T E O F N E W Y O R K
________________________________________________________________________
9926
I N A S S E M B L Y
April 19, 2022
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to home instruction
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (iv) and (v) of subdivision 2 of section 3204 of
the education law are renumbered paragraphs (v) and (vi) and a new para-
graph (iv) is added to read as follows:
(IV) (A) FOR PURPOSES OF CONSIDERING SUBSTANTIAL EQUIVALENCE PURSUANT
TO THIS SUBDIVISION FOR INSTRUCTION PROVIDED AT HOME TO STUDENTS OF
COMPULSORY SCHOOL ATTENDANCE AGE, THE DEPARTMENT SHALL DEEM HOME
INSTRUCTION TO BE SUBSTANTIALLY EQUIVALENT IN AMOUNT AND QUALITY TO THE
INSTRUCTION GIVEN TO STUDENTS OF LIKE AGE AND ATTAINMENTS AT THE PUBLIC
SCHOOLS OF THE CITY OR DISTRICT WHERE THE STUDENT RESIDES WHEN THE
PARENT OR PERSON IN A PARENTAL RELATION WITH THE STUDENT HAS COMPLIED
WITH 8 NYCRR 100.10.
(B) ONCE A FAMILY HAS FULFILLED THE OBLIGATIONS OF HOME INSTRUCTION AS
SET FORTH IN SUBPARAGRAPH (A) OF THIS PARAGRAPH TO COMPLETE HIGH SCHOOL,
THE SUPERINTENDENT OF SCHOOLS SHALL PROMPTLY PROVIDE THE PARENT OR
STUDENT WITH A LETTER CERTIFYING THE STUDENT'S SUCCESSFUL COMPLETION OF
HOME INSTRUCTION THAT WAS SUBSTANTIALLY EQUIVALENT TO THE PUBLIC SCHOOLS
OF SUCH CITY OR DISTRICT, AND PROVIDED FURTHER THAT, UPON REQUEST FROM
AN INSTITUTION OF HIGHER EDUCATION, THE SUPERINTENDENT OF SCHOOLS SHALL
IMMEDIATELY PROVIDE AN OFFICIAL COPY OF SUCH LETTER OF SUBSTANTIAL EQUI-
VALENCE TO THE INSTITUTION OF HIGHER EDUCATION.
(C) AS USED IN THIS PARAGRAPH, "INSTITUTION OF HIGHER EDUCATION" SHALL
MEAN ANY INSTITUTION OF HIGHER EDUCATION RECOGNIZED AND APPROVED BY THE
REGENTS, THE UNIVERSITY OF THE STATE OF NEW YORK OR REGULATED BY THE
BUREAU OF PROPRIETARY SCHOOL SUPERVISION WHICH PROVIDES A COURSE OF
STUDY LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE OR DIPLOMA OR
CERTIFICATE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15390-01-2
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