THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
 
OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
STATEWIDE COORDINATOR FOR SPECIAL EDUCATION

July 2008

Available in PDF Format for Printing

To: District Superintendents of Schools
  Superintendents of Public Schools
  Directors of Special Education
  Chairpersons, Committee on Special Education
 
Parents, Individuals and Organizations Interested in the Education of Students with Disabilities
  Commissioner’s Advisory Panel for Special Education Services
  Commissioner’s Advisory Panel for Nonpublic Schools
From: James P. DeLorenzo Signature of James P Delorenzo
Subject:
New Requirements for the Provision of Special Education Services to Home-Instructed (“Home-Schooled”) Students

This memorandum is to inform you that, pursuant to Chapter 217 of the Laws of 2008, which was signed by the Governor on July 7, 2008, students with disabilities who are in home instruction programs pursuant to section 100.10 of the Regulations of the Commissioner of Education are eligible to receive special education services from their school district. The new law resulted from proposed legislation advanced by the State Education Department.   

Section 3602-c of the Education Law has been amended to add a new subdivision 2-c to deem home-schooled students with disabilities and students suspected of having a disability to be nonpublic school students solely for the purpose of receiving special education services during the regular school year.

To be eligible for special education services, a home-schooled student must be entitled to attend the public schools without payment of tuition pursuant to Education Law §3202(1).  In addition, such student would be required to have an individualized home instruction plan (IHIP) that the superintendent of schools of the school district in which the home school is located has determined to be in compliance with section 100.10 of the Regulations of the Commissioner of Education.  Where the student is educated at home, the school district of location is the same as the student’s school district of residence.

School districts should notify all parents of students with disabilities who are in home instruction programs pursuant to section 100.10 of the Regulations of the Commissioner of Education that:

Please share this memorandum with appropriate staff, including Directors of Special Education, CSE Chairpersons, Directors of Pupil Personnel Service, and Principals as well as Parent Teacher Associations.  If you have any questions about this information, please contact the Office of Vocational and Educational Services for Individuals with Disabilities (VESID), Special Education Policy Unit, at 518-473-2878 or your Regional Associate at one of the following VESID Special Education Quality Assurance Regional Offices:

Central NY Regional Office  

(315) 428-3287

Eastern Regional Office

(518) 486-6366

Hudson Valley Regional Office

(914) 245-0010

Long Island Regional Office

(631) 884-8530

New York City Regional Office

(718) 722-4544

Western Regional Office

(585) 344-2002 ext. 420

Nondistrict Office

(518) 473-1185

*Please note:  If you would like to receive notification of our publications via e-mail, register at  www.p12.nysed.gov/specialed/publications/register.

Text of Chapter 217 of the Laws of 2008