A mistake by public school officials in interpreting state law nearly blocked a homeschooled student from accessing important high school assessments—which could have impeded his ability to earn college scholarships.

The boy’s mother, Kayla Parker (name changed for privacy) contacted HSLDA after local public school officials said her son could not take the New York High School Regents Exam for science. HSLDA Staff Attorney Ralph Rodriguez affirmed that the information Kayla had received was misguided and outlined how she could demonstrate that her son met the qualifications to register for the exam.

“One of the main things HSLDA does is advocate for families who are told they have to follow rules for homeschooling that aren’t actually in the law,” said Rodriguez. “This is especially true in New York, where the extensive homeschool regulations seem to provide additional scope for officials to misinterpret them.”

Early Start on Success

Kayla and her husband have been homeschooling for five years. With their oldest son about to complete the 8th grade, Kayla decided to research options for high school. Because her son is ahead of his peers academically, Kayla was especially interested in looking at ways to document his achievements.

When it comes time for him to apply to college, she noted, “I want to make sure he has every opportunity to get merit-based scholarships.”

Kayla asked the local public high school principal how to sign her son up for Regents Exams, which state regulations grant homeschooled students access to. There are about a dozen separate tests, which are aligned with the state’s learning standards. Currently, public school students must pass Regents Exams in English, mathematics, science, and social studies to graduate from high school.

The principal told Kayla that her son would not qualify for the science Regents Exam because students must complete 1,200 minutes of laboratory instruction before they are permitted to sign up for the test. The official implied that homeschooled students either do not have access to science labs, or that they are not capable of sufficiently documenting their work if they do manage to take these courses.

Kayla said the principal’s explanation for wanting to exclude her son didn’t sound right.

“I know our kids still have rights to certain things,” she said. “It seemed weird to me that the state would allow homeschooled kids to take some Regents Exams but not others.”

As an HSLDA member, she knew the best way to obtain accurate information on the topic was to contact her legal team.

Answers to Questions

Rodriguez assured Kayla that, according to the New York State Education Department, homeschooled students can indeed sign up for any Regents Exam. As for the science exam lab requirements, homeschooled students can demonstrate compliance through the normal documentation process, including the annual Individual Home Instruction Report and quarterly reports.

These labs don’t have to be taken in a public school setting. They can be conducted in any learning environment used by homeschoolers—at a co-op or even in a family’s kitchen.

Kayla said she appreciated the clarification, as it provided insight into how to help her son meet his educational goals and potentially qualify for future scholarships: New York awards merit-based aid such as the Scholarships for Academic Excellence (SAE) based directly on high school Regents Exam scores. 

“We’re so glad to have been able to assist this family,” Rodriguez said. “It shows how the courage of one member to question the misguided advice of an official can help set the record straight for so many other homeschoolers.”