A homeschool graduate came close to being disqualified for her current job because New York education officials couldn’t decide how to classify her high school credentials.
HSLDA’s legal team advocated successfully on her behalf. We affirmed that her homeschool diploma and a letter from her local school superintendent satisfied the requirements for receiving a teaching assistant certificate from the New York State Education Department.
“This was a case where a loophole in the law and a loose definition of what counts as a high school diploma threatened to derail a qualified graduate’s career,” said HSLDA Legal Counsel Ralph Rodriguez. “Though we prevailed this time, what we really need are better laws that ensure homeschool students are treated fairly.”
Helping Others Learn
Audrey Williams graduated from her parents’ homeschool program in 2022. After working in retail and health care, two years ago she enrolled in college online to begin progress toward an education degree. She hopes to eventually teach American history at the high school level.
To gain experience toward achieving this career goal, Audrey applied for and was hired as a teaching assistant in a New York public school in November 2025. A big part of her job has been helping students in kindergarten through 6th grade who struggle to read.
To keep this position, Audrey had to obtain her teaching assistant certificate from the state Education Department before the start of the 2026-2027 school year.
Audrey worked diligently toward meeting the requirements. She cleared a background check, passed a test of basic skills, and completed the mandatory training. All that was left to qualify for her certificate was to submit a copy of her high school diploma.
“I thought that would be the easiest part,” Audrey recalled. “I wasn’t aware that I would run into any issues.”
Stumbling Over Semantics
One reason for Audrey’s confidence was that, in addition to the diploma issued by her parents, she had an official document vouching for her high school work. Unique to New York, this document comes in the form of a letter signed by the local public school superintendent confirming that a homeschool graduate has completed an education that is substantially equivalent to what public school graduates learn. (The purpose is implicit in the name: “letter of substantial equivalency.”)
But when Audrey attempted to complete the certification process by working within the Education Department’s online portal, she hit a roadblock. Text on the webpage insisted that homeschool diplomas were not acceptable. And though Audrey saw a link to what looked like a place to upload a letter of substantial equivalency, this document was also declared invalid.
In hopes of resolving the impasse, Audrey emailed the Education Department. The official who replied merely confirmed what the website had stated. Audrey was reminded that, in lieu of providing a high school diploma, she could always take the GED.
The suggestion did not sit well with Audrey.
“I was almost a little insulted,” she said. “I did everything I’m supposed to do. I graduated from high school, and I’m halfway through college.”
At her mother’s suggestion, Audrey asked HSLDA for help.
The Same Thing as Equivalent
Rodriguez immediately reached out to the Education Department on Audrey’s behalf. He learned that officials were willfully interpreting the rules in a way that undermined homeschooled students and their achievements.
He said he recognized that the department refuses to accept homeschool diplomas as meeting the requirements for a teaching certificate. However, he pointed out their regulations do state that the department will accept a high school diploma’s “equivalent.”
“In 2022,” Rodriguez noted in a letter to the department, “Ms. Williams’s local superintendent certified in writing that she completed the substantial equivalent of a four-year high school course through home instruction.”
This fact, Rodriguez added, raises a thorny question. If Audrey’s homeschool education has been certified as substantially equivalent to that provided by a public school, why isn’t her diploma viewed the same way?
The department responded by issuing Audrey her certificate. She is now cleared to continue assisting teachers and students.
Rodriguez said he was pleased to have succeeded in the case, but that more needs to be done to ensure just treatment for homeschool students in the future. For one thing, he noted, New York regulations need to be clear in recognizing homeschool diplomas as indicative of a lawful and bona fide education.
As for the letter of substantial equivalency, Rodriguez noted that their effectiveness is hampered because superintendents are not required to issue them.
“Allowing officials to opt out of providing a document that can greatly benefit homeschool graduates still counts as a form of discrimination,” he said. “That needs to change.”