Student Support Services

No. 134
Pupil (physically handicapped)

In answer to your letter of January 27, I am aware of the decision of Mr. Justice Levine in the Scales case in Nassau County Supreme Court, affecting the Malverne School District.

The case involved a student who, because of an injury, had left the parochial school where he was enrolled and had become confined to his home.  What the decision said in effect was that the acceptance of this student into a home teaching arrangement by the public school within which he resided was actually tantamount to his enrollment in the public schools of such district, and that on that basis home teaching then became available.

Acceptance of such a student into a home teaching arrangement (either through the telephone device or the hiring of a home teacher) makes the student, of course, a public school student, and all the instructional supplies, textbooks, etc. must be those of public schools, and the telephone device naturally needs to be connected to the appropriate public school building in the district.


Dated March 3, 1964
Mr. Frederick DeMatteis
820 Elmont Road
Elmont, New York
Last Updated: March 10, 2009