New York · leaving public school

How to withdraw your child from public school and homeschool in New York

New York asks a homeschooling family to file something. Here is what it is, who gets it, when it is due, and a letter you can fill in.

The short version

The law New York families homeschool under
Home instruction regulation (8 NYCRR 100.10 (under Education Law 3204(2), 3210(2)(d), 3212(2)))
What to file
New York requires annual written notice of intention to the superintendent of schools of the district where the child lives (8 NYCRR 100.10(b)(1)). The regulation does not list what the notice must say. The district then sends the regulation and an Individualized Home Instruction Plan (IHIP) form, which the parent returns; the district reviews it and says whether it complies or issues a notice of deficiency. There is no statewide form for the notice.
Send it to
The superintendent of schools of the school district where the child lives; in New York City, the community school district superintendent (8 NYCRR 100.10(b)).
When
The notice is due each year by July 1; if home instruction begins after the school year starts or the family moves in, notice is due within 14 days of starting (100.10(b)). The district sends the IHIP form within 10 business days; the parent returns it within 4 weeks or by August 15, whichever is later; the district then has 10 business days to respond (100.10(c)).

Step by step

  1. Step 1. Know what New York requires to start

    New York requires annual written notice of intention to the superintendent of schools of the district where the child lives (8 NYCRR 100.10(b)(1)). The regulation does not list what the notice must say. The district then sends the regulation and an Individualized Home Instruction Plan (IHIP) form, which the parent returns; the district reviews it and says whether it complies or issues a notice of deficiency. There is no statewide form for the notice.

  2. Step 2. Leave the school the right way

    The regulation is silent on a separate school withdrawal step. NYSED guidance says parents need not register the child in the public school and are not required to meet school officials, and the district must respond to a letter of intent at any time of year. Telling the current school in writing is a courtesy, not stated as a requirement.

  3. Step 3. Watch the deadlines

    The notice is due each year by July 1; if home instruction begins after the school year starts or the family moves in, notice is due within 14 days of starting (100.10(b)). The district sends the IHIP form within 10 business days; the parent returns it within 4 weeks or by August 15, whichever is later; the district then has 10 business days to respond (100.10(c)).

  4. Step 4. Ask for your child’s records

    Under FERPA (34 CFR 99.10) a parent may inspect and request a copy of the child's education records, and the school must comply within 45 days of the request. NYSED guidance says the district keeps the IHIP and recommends a notation on the child's permanent record card.

  5. Step 5. If your child has an IEP or a 504 plan

    Under federal rule 34 CFR 300.300(b)(4), a parent may revoke consent to special education services in writing; the district must then stop the services after giving prior written notice, and does not have to hold an IEP meeting or seek a due process hearing to override it. For a home-instructed student with a disability, NYSED says services are provided through an individualized education services program under Education Law 3602-c, requested in writing from the board of education of the district of location by June 1 before the school year, or within 30 days of identification; that NYSED page is dated 2008-09.

Before you pull your child out

School ages and attendance in New York

Education Law 3205 requires attendance from age 6 to 16; NYSED guidance says through age 16, or 17 in New York City. Failure to file or to complete required reviews can be reported as suspected educational neglect, per NYSED guidance. The IHIP is a district-supplied form, not a statewide one.

A letter you can fill in

Fill in the boxes and copy the letter. It is built from what we found above for New York: New York does not list required contents, so it covers the basics. Check it against the state office before you send it.

Everything you type stays in this page. It is never sent to us or saved. Put the recipient's name and address on the To line before you send it.

[today's date]

To: The superintendent of schools of the district where I live [name and address]

Re: Notice of intent to home school, [child's full name]

Dear Sir or Madam:

I am the parent of [child's full name], born [date of birth], who is currently enrolled in grade [grade] at [name of current school]. Under 8 NYCRR 100.10, 3210(2)(d), 3212(2), I am notifying you that I will be providing a home education program for my child beginning [start date].

Please also treat this letter as my notice that my child is withdrawn from [name of current school] effective [start date].

I also request a copy of my child's education records, including the cumulative file, attendance and any testing records. Please send them to the address below.

Thank you.

Sincerely,

[your name]
[your address]

Once you have left, what do you teach?

Letters & Devotion is a Christian K-12 homeschool curriculum with lessons that are never timed. All 84 courses are readable in full with no account and no card, and the first 30 days are free.

$29 a month or $290 a year for every child. Cancel anytime, in one click.

Questions

Do I have to file anything to homeschool in New York?

New York requires annual written notice of intention to the superintendent of schools of the district where the child lives (8 NYCRR 100.10(b)(1)). The regulation does not list what the notice must say. The district then sends the regulation and an Individualized Home Instruction Plan (IHIP) form, which the parent returns; the district reviews it and says whether it complies or issues a notice of deficiency. There is no statewide form for the notice.

Can I take my child out of public school in the middle of the year in New York?

The regulation is silent on a separate school withdrawal step. NYSED guidance says parents need not register the child in the public school and are not required to meet school officials, and the district must respond to a letter of intent at any time of year. Telling the current school in writing is a courtesy, not stated as a requirement.

Who do I send the letter to in New York?

The superintendent of schools of the school district where the child lives; in New York City, the community school district superintendent (8 NYCRR 100.10(b)).

What does it cost?

This page and the letter are free. If you choose Letters & Devotion for lessons, it is $29 a month or $290 a year for every child, and the first 30 days are free with no card.