Senate Bill S10714

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10714
 
                             I N  S E N A T E
 
                              October 2, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to establishing  enhanced
   educational  continuity  reviews for certain students transitioning to
   home instruction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 3211-b
 to read as follows:
   § 3211-B. ENHANCED  EDUCATIONAL CONTINUITY REVIEW FOR CERTAIN HOME-IN-
 STRUCTED STUDENTS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "HOME  INSTRUCTION"  SHALL  MEAN  INSTRUCTION PROVIDED TO A CHILD
 PURSUANT TO SECTION 100.10 OF TITLE EIGHT OF THE NEW YORK  CODES,  RULES
 AND REGULATIONS, OR ANY SUCCESSOR REGULATION.
   (B)  "SEVERE  ABSENTEEISM"  SHALL  MEAN ABSENCE FROM TWENTY PERCENT OR
 MORE OF THE INSTRUCTIONAL DAYS DURING WHICH A CHILD WAS  ENROLLED  IN  A
 PUBLIC SCHOOL DURING EITHER:
   (I)  THE  SCHOOL  YEAR IN WHICH SUCH CHILD COMMENCES HOME INSTRUCTION,
 MEASURED THROUGH THE LAST DAY ON WHICH SUCH CHILD WAS ENROLLED  IN  SUCH
 PUBLIC SCHOOL; OR
   (II)  THE  SCHOOL  YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH
 SUCH CHILD COMMENCES HOME INSTRUCTION.
   2. (A) WHERE A CHILD OF COMPULSORY SCHOOL AGE WHO WAS  ENROLLED  IN  A
 PUBLIC  SCHOOL  COMMENCES  HOME  INSTRUCTION  AND SUCH CHILD EXPERIENCED
 SEVERE ABSENTEEISM, THE SCHOOL DISTRICT OF RESIDENCE  SHALL  CONDUCT  AN
 ENHANCED  EDUCATIONAL  CONTINUITY  REVIEW PURSUANT TO THIS SECTION. SUCH
 SCHOOL DISTRICT SHALL PROVIDE WRITTEN NOTICE TO THE PARENT OR PERSON  IN
 PARENTAL  RELATION  THAT  SUCH  CHILD IS SUBJECT TO ENHANCED EDUCATIONAL
 CONTINUITY REVIEW. SUCH NOTICE SHALL INCLUDE THE ATTENDANCE RATE  GIVING
 RISE  TO  SUCH  REVIEW AND AN EXPLANATION OF THE REQUIREMENTS AND PROCE-
 DURES APPLICABLE THERETO.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16427-01-6
 S. 10714                            2
              

 
   (B) NOTHING IN  THIS  SECTION  SHALL  DELAY,  CONDITION  OR  OTHERWISE
 RESTRICT  THE COMMENCEMENT OF HOME INSTRUCTION IN ACCORDANCE WITH APPLI-
 CABLE LAW AND REGULATIONS OF THE COMMISSIONER.
   3.  (A) WITHIN SIXTY DAYS OF THE COMMENCEMENT OF HOME INSTRUCTION, THE
 SCHOOL DISTRICT SHALL REVIEW WHETHER THE INDIVIDUALIZED HOME INSTRUCTION
 PLAN FOR THE CHILD IS BEING IMPLEMENTED AND WHETHER INSTRUCTION REQUIRED
 PURSUANT TO LAW AND REGULATIONS OF THE COMMISSIONER IS OCCURRING.
   (B) FOR PURPOSES OF SUCH REVIEW, THE  PARENT  OR  PERSON  IN  PARENTAL
 RELATION  SHALL  PROVIDE ONE OR MORE REASONABLE FORMS OF EVIDENCE DEMON-
 STRATING IMPLEMENTATION OF  THE  HOME  INSTRUCTION  PROGRAM,  WHICH  MAY
 INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (I) ATTENDANCE OR INSTRUCTIONAL RECORDS;
   (II) REPRESENTATIVE SAMPLES OF STUDENT WORK;
   (III) CURRICULUM OR INSTRUCTIONAL MATERIALS;
   (IV) A PORTFOLIO OR OTHER EVIDENCE OF ACADEMIC PROGRESS;
   (V) AN INTERIM ACADEMIC ASSESSMENT; OR
   (VI) OTHER REASONABLY EQUIVALENT EVIDENCE PERMITTED BY THE COMMISSION-
 ER.
   (C)  NO PARTICULAR FORM OF EVIDENCE SHALL BE REQUIRED PURSUANT TO THIS
 SUBDIVISION WHERE OTHER EVIDENCE SUBMITTED BY THE PARENT  OR  PERSON  IN
 PARENTAL  RELATION  REASONABLY DEMONSTRATES THAT REQUIRED INSTRUCTION IS
 OCCURRING.
   4. WHERE THE SCHOOL DISTRICT DETERMINES  THAT  THE  EVIDENCE  PROVIDED
 PURSUANT  TO  SUBDIVISION  THREE OF THIS SECTION REASONABLY DEMONSTRATES
 THAT THE HOME INSTRUCTION PROGRAM IS  BEING  IMPLEMENTED  IN  ACCORDANCE
 WITH  APPLICABLE  LAW  AND REGULATIONS OF THE COMMISSIONER, THE ENHANCED
 EDUCATIONAL CONTINUITY REVIEW SHALL TERMINATE.  THEREAFTER,  SUCH  CHILD
 SHALL  BE  SUBJECT  TO  THE  REQUIREMENTS  OTHERWISE  APPLICABLE TO HOME
 INSTRUCTION.
   5. WHERE THE SCHOOL DISTRICT DETERMINES  THAT  THE  EVIDENCE  PROVIDED
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION IS INSUFFICIENT TO REASON-
 ABLY  DEMONSTRATE  THAT  REQUIRED  INSTRUCTION  IS OCCURRING, THE SCHOOL
 DISTRICT SHALL PROVIDE  WRITTEN  NOTICE  TO  THE  PARENT  OR  PERSON  IN
 PARENTAL RELATION. SUCH NOTICE SHALL:
   (A) IDENTIFY WITH SPECIFICITY EACH DEFICIENCY UPON WHICH SUCH DETERMI-
 NATION IS BASED;
   (B)  IDENTIFY ADDITIONAL INFORMATION OR EVIDENCE THAT MAY BE SUBMITTED
 TO DEMONSTRATE COMPLIANCE; AND
   (C) PROVIDE THE PARENT OR PERSON IN PARENTAL RELATION  WITH  NOT  LESS
 THAN  FIFTEEN  DAYS  FROM  RECEIPT  OF  SUCH NOTICE TO SUBMIT ADDITIONAL
 EVIDENCE OR OTHERWISE CURE EACH IDENTIFIED DEFICIENCY.
   6. (A) WHERE, FOLLOWING NOTICE AND AN OPPORTUNITY TO CURE PURSUANT  TO
 SUBDIVISION  FIVE  OF THIS SECTION, THE EVIDENCE REMAINS INSUFFICIENT TO
 REASONABLY DEMONSTRATE  THAT  REQUIRED  INSTRUCTION  IS  OCCURRING,  THE
 SCHOOL  DISTRICT  MAY  REQUIRE  AN  EDUCATIONAL  CONFERENCE,  AN INTERIM
 ACADEMIC ASSESSMENT, ADDITIONAL  INSTRUCTIONAL  OR  ATTENDANCE  RECORDS,
 ADDITIONAL REPRESENTATIVE SAMPLES OF STUDENT WORK, OR ANOTHER REASONABLE
 MEANS OF VERIFICATION AUTHORIZED BY REGULATIONS OF THE COMMISSIONER.
   (B)  WHERE  SUCH  ADDITIONAL REVIEW DEMONSTRATES THAT THE CHILD IS NOT
 RECEIVING INSTRUCTION REQUIRED PURSUANT TO LAW  OR  REGULATIONS  OF  THE
 COMMISSIONER,  THE  SCHOOL  DISTRICT  SHALL  PROCEED  IN ACCORDANCE WITH
 APPLICABLE PROVISIONS OF LAW AND REGULATIONS OF THE COMMISSIONER  RELAT-
 ING  TO  HOME  INSTRUCTION,  COMPULSORY  ATTENDANCE, PROBATION OF A HOME
 INSTRUCTION PROGRAM, OR EDUCATIONAL NEGLECT.
   7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
 S. 10714                            3
 
   (A) AUTHORIZE A SCHOOL DISTRICT TO REQUIRE ANY PARTICULAR  PEDAGOGICAL
 METHOD,  CURRICULUM,  INSTRUCTIONAL  SCHEDULE  OR  MANNER OF INSTRUCTION
 EXCEPT AS OTHERWISE REQUIRED PURSUANT  TO  LAW  OR  REGULATIONS  OF  THE
 COMMISSIONER;
   (B)  AUTHORIZE  MANDATORY  ENTRY  INTO A RESIDENCE SOLELY ON THE BASIS
 THAT A CHILD IS SUBJECT TO ENHANCED EDUCATIONAL CONTINUITY REVIEW PURSU-
 ANT TO THIS SECTION;
   (C) LIMIT THE AUTHORITY OF A SCHOOL DISTRICT TO REQUEST A  HOME  VISIT
 OR  EXERCISE  ANY  OTHER AUTHORITY OTHERWISE PROVIDED PURSUANT TO LAW OR
 REGULATIONS OF THE COMMISSIONER; OR
   (D) AUTHORIZE THE  CONTINUATION  OF  ENHANCED  EDUCATIONAL  CONTINUITY
 REVIEW  AFTER  THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION HAVE
 BEEN SATISFIED.
   8. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY
 TO IMPLEMENT THE PROVISIONS OF THIS SECTION, INCLUDING PROVISIONS ESTAB-
 LISHING  APPROPRIATE  EXCEPTIONS TO OR MODIFICATIONS OF THE REQUIREMENTS
 OF THIS  SECTION  WHERE  SEVERE  ABSENTEEISM  RESULTED  FROM  DOCUMENTED
 MEDICAL  CIRCUMSTANCES  OR  OTHER CIRCUMSTANCES FOR WHICH APPLICATION OF
 ENHANCED EDUCATIONAL CONTINUITY REVIEW WOULD BE INAPPROPRIATE.
   9. THE DEPARTMENT SHALL ANNUALLY COLLECT  AND  PUBLISH,  IN  AGGREGATE
 FORM  AND  IN  A  MANNER  THAT  PROTECTS PERSONALLY IDENTIFIABLE STUDENT
 INFORMATION:
   (A) THE NUMBER OF STUDENTS WHO TRANSFER FROM ENROLLMENT  IN  A  PUBLIC
 SCHOOL TO HOME INSTRUCTION;
   (B)  THE  ATTENDANCE  RATES OF SUCH STUDENTS DURING THE SCHOOL YEAR IN
 WHICH HOME INSTRUCTION COMMENCED AND THE  IMMEDIATELY  PRECEDING  SCHOOL
 YEAR;
   (C)  THE NUMBER AND PERCENTAGE OF SUCH STUDENTS WHO EXPERIENCED SEVERE
 ABSENTEEISM;
   (D) THE NUMBER OF STUDENTS SUBJECT TO ENHANCED EDUCATIONAL  CONTINUITY
 REVIEW PURSUANT TO THIS SECTION;
   (E) THE NUMBER OF SUCH REVIEWS TERMINATED PURSUANT TO SUBDIVISION FOUR
 OF THIS SECTION;
   (F)  THE  NUMBER  OF DEFICIENCY NOTICES ISSUED PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION;
   (G) THE NUMBER OF STUDENTS SUBJECT TO ADDITIONAL  REVIEW  PURSUANT  TO
 SUBDIVISION SIX OF THIS SECTION; AND
   (H)  THE  NUMBER  OF SUCH STUDENTS WHOSE HOME INSTRUCTION PROGRAMS ARE
 SUBSEQUENTLY PLACED ON PROBATION OR OTHERWISE DETERMINED NOT  TO  COMPLY
 WITH APPLICABLE REQUIREMENTS GOVERNING HOME INSTRUCTION.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.