New York Homeschool Law


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Required Attendance Age

The State of New York requires your child to attend school from the age of 6 to 16 years old. Legal schooling options include:

  • public school
  • non-public school
  • home instruction

(see legal reference #1)

Notify The School District

The New York Homeschool Law requires you to send a Letter of Intent to your local school district notifying them that you have chosen to homeschool. This Letter of Intent must be sent 14 days after beginning to homeschool for the first time. For every following year that you choose to homeschool you must send in a Letter of Intent by July 1st.

(see legal reference #2: b)

Individual Home instruction Plan (IHIP)

Within 10 business days of receiving your Letter of Intent the school district is required to send you a copy of the Home School Regulations and an Individual Home Instruction Plan (IHIP) form for each child that you will be homeschooling. You must fill out and send back this Individual Home Instruction Plan for each child by August 15th or within 4 weeks of receiving it. An IHIP will ask for the following information:

  • Your child’s name, age, and grade level
  • a list of the materials/instruction/resources you will use for each required subject
  • the dates you will submit your quarterly reports
  • Your name and the names of any one else who will be instructing your child

Within 10 business days of receiving your IHIP forms, the school district is required to notify you as to whether your IHIP is acceptable or if there is a deficiency (you have 15 days to submit an IHIP with revisions to correct the deficiencies if any).

(see legal reference #2: c-d)

Quarterly Reports

The New York Homeschool Law requires you to send in Quarterly Reports to your school district for each child that you homeschool. There are no specific dates for when to submit your quarterly reports. It is suggested by the NYSED that you space your quarterly reports in “even and logical periods”.  The quarterly reports must include the following:

  • the number of hours of instruction during the quarter
  • a description of the material that you covered in each required subject
  • a grade for the child in each required subject or a written evaluation of their educational progress

NOTE: If you were not able to cover more than 80% of the course work in your IHIP than you must submit a written explanation with your last quarterly report as to why you were not able to complete your education plan.

(see legal reference #2: g)

If You Need To Withdraw Your Child

If your child is already attending a New York public school then you will need to officially withdraw them before beginning to homeschool. Contact your child’s school and inform them that you will be homeschooling your child. Ask if they have any specific forms for you to fill out so that your child will not be considered truant.


The New York Homeschool Law only requires that you be a legal parent or guardian of the child(ren) you are homeschooling. It does not require any specific qualifications.

Days Of Instruction

The New York Homeschool Law requires you to teach 180 days/year or the hourly equivalent; 900 hours/year for grades 1-6 and 990 hours/year for grades 7-12.

(see legal reference #2: f-1 and f-2)

Required Subjects

The New York Homeschool Law requires you to teach the following educational subjects:

Grades K-12

You must teach these four subjects each year with the other required subjects below that are based on grade range.

  1. Patriotism and Citizenship
  2. Health Education; alcohol, drug, and tobacco misuse
  3. Highway Safety and Traffic Regulations; including Bicycle Safety
  4. Fire and Arson Prevention and Safety

(see legal reference #3)

Grades 1-6

  1. Math
  2. Reading
  3. Spelling
  4. Writing
  5. The English Language
  6. Geography
  7. United States History
  8. Science
  9. Health Education
  10. Music
  11. Visual arts
  12. Physical education
  13. Bilingual education and/or English as a second language if needed.

NOTE: United States history, New York State history, and the Constitutions of the United States and New York State must be taught at least once during grades 1 to 8.

Grades 7 and 8

NOTE: The hours listed below are per grade level/year.

  1. English (108 hours)
  2. History and Geography (108 hours)
  3. Science (108 hours)
  4. Mathematics (108 hours)
  5. Physical Education (regularly)
  6. Health Education (regularly)
  7. Art (27 hours)
  8. Music (27 hours)
  9. Practical Arts (regularly)
  10. Library Skills (regularly)

Grade 9-12

NOTE: The hours listed below are per grade level/year.

  1. English (108 hours)
  2. Social Studies (108 hours); including American History (27 hours), Participation in Government (13.5 hours), Economics (13.5 hours)
  3. Mathematics (90 hours)
  4. Science (90 hours)
  5. Art and/or Music (45 hours)
  6. Health Education (22.5 hours)
  7. Physical Education (90 hours)
  8. Electives (135 hours)

(see legal reference #2: e)

Keep Records

The New York Homeschool Law requires you to keep record of your child’s attendance throughout the year. The school district can ask to see your child’s attendance record if they feel the need.

You must also keep records of all of your correspondence with the school district including:

  • Letter of Intent
  • IHIP for each child
  • Quarterly Reports for each child
  • copy of your child’s yearly test scores or academic evaluation

(see legal reference #2: f-4)


The New York Homeschool Law requires homeschool students to participate in testing every year. You must submit a record of this yearly test with your 4th quarter report on June 30th.

An Achievement Test

You may choose from one of the following commercially published norm-referenced achievement testing services:

  • Iowa Test of Basic Skills
  • California Achievement Test
  • Stanford Achievement Test
  • Comprehensive Test of Basic Skills
  • Metropolitan Achievement Test
  • State Education Department Test
  • a test approved by the State Education Department

You may have the test you choose administered at any one of the following locations:

  • your local public school by a professional staff member
  • a registered nonpublic school by one of its professional staff members with permission from it’s chief officer
  • a non-registered nonpublic school by one of its professional staff members with permission from your local superintendent and it’s chief officer
  • your home or other location by a certified teacher or other qualified person with permission from your local superintendent

NOTE: Your child must score above the 33rd percentile or show by their score that they have grown academically by one year compared to their last yearly test.

Academic Evaluation

For testing children who are in grades 1-3 (and every other year for grades 4-8) you have an alternative testing option. You may choose to have your child evaluated instead of tested. This evaluation is simply a written summary of your child’s educational progress for the academic year. An academic elevator must be one of the following:

  • New York State-certified teacher
  • home instruction peer group review panel
  • someone chosen by the parent and permitted by the superintendent, who has interviewed your child and reviewed a portfolio of their school work

(see legal reference #2: h)

Immunization Law For New York Homeschoolers

The State of New York does not require homeschool students to receive vaccinations.

Helpful Websites For New York Homeschoolers

For local support and information visit these New York homeschool websites:

New York State Education Department: Home Instruction Q&A

Four Square Pegs

Starts At Eight

Homeschool NYC

Board of Cooperative Educational Services (BOCES)

Legal References

  1. Required Attendance Age: New York Education Law 3205.
  2. Home School Regulations: NYSED 100.10 Home Instruction.
  3. 4 Required Subjects: New York Education Law 801, 804, 806, 808.

This summary is for informational purposes only and is not given as legal advice. does not endorse any of the links or organizations listed above.

4 thoughts on “New York Homeschool Law”

  1. This is also required per

    “Education Law, sections 801, 804, 806 and 808, also require the following subjects to be covered during grades kindergarten through 12:
    patriotism and citizenship;
    health education regarding alcohol, drug and tobacco misuse;
    highway safety and traffic regulations, including bicycle safety; and
    fire and arson prevention and safety.”

    Also there are no suggested dates for quarterly reports per nysed. Your district may suggest the same dates as the PS calendar, but that is mostly due to convenience for them.

    “the dates for submission to the school district of the parents’ quarterly reports as required in subdivision (g) of this section. These reports shall be spaced in even and logical periods;”

    1. Thank you for sharing this information Homeschool Mom! I will include it in this post a.s.a.p..

      Are you currently homeschooling in NY?

  2. The note should say the hours are cumulative. You incorrectly state that the hours listed for grades 7+8 and grades 9-12 are per school year. One unit is 108 hours/6480 minutes.

    ie. You have listed in grades 7 and 8 that English requires 216 hours per year. That is not correct. English requires 108 hours in grade 7 and 108 hours in grade 8. The total cumulative hours over both grades would be 216, not per year.

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