Several parents in a New York school district contacted HSLDA recently to say they’d received official correspondence accusing them of submitting deficient homeschool documents. The families weren’t sure how to respond because the letters arrived eight weeks after the state’s response deadline.
The notices from officials in the Carmel Central School District included an implied warning—families who failed to correct the alleged deficiencies could eventually be disqualified from homeschooling.
“I was in shock,” said Herbert Portorreal, who received a notice demanding that he address supposed problems with the academic subjects listed in his son’s Individualized Home Instruction Plan (IHIP). (This form is intended to ensure compliance with state regulations by outlining a student’s personal information and educational plan.)
Herbert added that he is frustrated: His struggle to obtain clear and timely information from the district has hampered his efforts to homeschool his 12-year-old son with special needs.
While attending public school, his son—who is nonverbal—had trouble retaining lessons and communicating with staff. “He’s made a lot of progress since he’s been home, and I’m really happy about it,” Herbert said. “I’m giving him practical things that he can use—like teaching him sign language.”
School officials, on the other hand, wanted to know what Herbert planned to do to teach his son peripheral topics such as music and history. As an HSLDA member, Herbert reached out to our attorneys for insight regarding how to respond.
Clearly defined deadlines
HSLDA Senior Counsel Tj Schmidt contacted officials on behalf of Herbert and other members. He acknowledged that state law requires families to send their IHIPs to the local district superintendent by August 15 (or within four weeks of receipt of the IHIP form). However, the law also gives officials until August 31 (or 10 days from receiving an IHIP) to reply to families regarding the documents.
Our members submitted their IHIPs no later than August 15. But the letters they received claiming their IHIPs didn’t satisfy legal standards bore dates from October—and weren’t delivered until November.
Schmidt pointed out that the tardiness of the letters rendered officials’ objections moot. “If IHIPs aren’t responded to within the clearly defined deadline, the families who submitted the documents are considered to be in compliance,” he said.
Books come under question
He addressed the issue of subjects and curriculum as well.
On behalf of Herbert’s family, Schmidt pointed out that even though state law lists subjects that are to be taught in each grade level, but in the case of students with special needs, it’s up to parents to determine which topics and materials match their children’s needs and prior level of achievement.
“I often find that officials are really looking to compare a homeschool program with what the public schools are doing,” Schmidt noted. “But no homeschooling parent is required to follow public school schedule or curriculum. They have the freedom to develop their own educational program.”
For example, Schmidt replied to a criticism raised by the Carmel district that implied officials have authority to make value judgments about homeschool curriculum. They don’t.
Based on this false assumption, officials told another family that they could not use a certain social studies text for teaching multiple grade levels. Schmidt happened to be familiar with the curriculum and attested that it is substantive enough for students in at least two different grades.
New York law states that in checking each IHIP’s list of books and materials, officials are not permitted to make subjective decisions. They are not supposed to compare what parents want to teach with the course of study offered in public schools.
To reiterate: it’s up to parents to decide whether the content of their teaching materials suits their students.
Herbert said that, after Schmidt replied to officials on his behalf, he’s heard nothing further from the district.
“I’m very appreciative of the help,” he said. “It means a lot.”