Non-public Education -- "Elsewhere than at a public school"

New York State Consolidated Laws: Education Article 65
Sec. 3204. Instruction required.

1. Place of instruction. A minor required to attend upon instruction by the provisions of part one of this article may attend at a public school or elsewhere. The require- ments of this section shall apply to such a minor, irrespective of the place of instruction.

2. Quality and language of instruction; text-books. Instruction may be given only by a competent teacher. In the teaching of the subjects of instruction prescribed by this section, English shall be the language of instruction, and text-books used shall be written in English, except that for a period of three years, which period may be extended by the commissioner with respect to individual pupils, upon application there- for by the appropriate school authorities, to a period not in excess of six years, from the date of enrollment in school, pupils who, by reason of foreign birth or ancestry have limited English proficiency, shall be provided with instructional programs as specified in subdivision two-a of this section and the regulations of the commissioner. The purpose of providing such pupils with instruction shall be to enable them to devel- op academically while achieving competence in the English language. Instruction given to a minor elsewhere than at a public school shall be at least substantially equivalent to the instruction given to minors of like age and attainments at the public schools of the city or district where the minor resides.

Sec. 3210. Amount and character of required attendance.

2. Attendance elsewhere than at a public school.

a. Hours of attendance. If a minor included by the provisions of part one of this article attends upon instruction elsewhere than at a public school, he shall attend for at least as many hours, and within the hours specified therefor.

Sec. 3212. Definition of persons in parental relation and their duties; duties of certain other persons.

2. Duties of persons in parental relation. Every person in parental relation to another individual included by the provisions of part one of this article:

a. Shall submit at the time such individual begins to attend upon instruction evidence of age as required for the issuance of an employment certificate, or show that such evidence cannot be produced. When such evidence cannot be produced, or when circumstances exist which reasonably indicate that such individual may be a missing child, the superintendent of schools or his or her authorized representative shall report and make inquiry to the statewide central register for missing children pursuant to section eight hundred thirty-seven-e of the executive law. If such child appears to match a child registered with the statewide central register for missing children, or one registered with the national crime information center register, the superintendent or his or her authorized representative shall immediately contact the local law enforcement authority. No civil or criminal liability shall arise or attach to any school district or employee thereof for any act or omission to act as a result of, or in connection with, the duties or activities authorized or directed by this paragraph.

b. Shall cause such individual to attend upon instruction as hereinbefore required, and to comply with the provisions of part one of this article with respect to the employment or occupation of minors in any business or service whatever.

c. Shall cause such individual to be placed in proper physical condition to attend upon required instruction, if his physical condition is remediable by the taking of reasonable measures.

d. Shall furnish proof that an individual who is not attending upon instruction at a public or parochial school in the city or district where the person in parental relation resides is attending upon required instruction elsewhere. Failure to furnish such proof shall be presumptive evidence that such individual is not attending.

e. Shall furnish, with respect to an individual from seventeen to twenty-one years of age, on demand of a duly authorized representative of the school authorities, satisfactory proof that he is able to speak, read and write English as required for the completion of the fifth year of the elementary school course of study, or cause such individual to submit to an examination to determine his ability in these respects.

Sec. 3234. Enforcement; withholding state moneys by commissioner of education.

1. The commissioner of education shall supervise the enforcement of part one of this article and he may withhold one-half of all public school moneys from any city or district, which, in his judgment, wilfully omits and refuses to enforce the provisions of part one of this article, after due notice, so often and so long as such wilful omission and refusal shall, in his judgment, occur, or continue.

2. If the provisions of part one of this article are complied with at any time within one year from the date on which said moneys were withheld, the money so withheld shall be paid over by said commissioner of education to such district or city, otherwise forfeited to the state.

Packer Collegiate Institute v. University of the State of New York et al. 298 N.Y. 184 (1948) 81 N.E. 2d 80

New York has operated without mandatory registration for private schools since its state statute was struck down in 1948.

Private School Statute

New York State Consolidated Laws: Education Article 101
Sec. 5001. Licensed private schools and registered business schools.

1. Schools required to be licensed or registered. No private school which charges tuition or fees for instruction and which is not exempted hereunder shall be operated by any person or persons, firm, corporation, or private organization for the purpose of teaching or giving instruction in any subject or subjects, unless it is licensed or registered by the education department.

2. Exempt schools. The following schools are exempted from the licensing requirement of this section:

a. institutions authorized to confer degrees in this state;

b. schools, other than correspondence schools, providing kindergarten, nursery, elementary or secondary education, except schools conducted for profit which provide instruction in English as a second language or preparation for high school equivalency examinations to out-of-school youth or adults;

c. schools operated by governmental agencies or authorities;

d. schools which engage exclusively in training of students with disabilities as defined in section forty-four hundred one of this chapter;

e. schools conducted on a not-for-profit basis by firms or organizations for the training of their own employees only, provided that such instruction is offered at no charge to such employees, or by a fraternal society or benevolent order for its members or their immediate relatives only;

f. schools which provide instruction in the following subjects only: religion, dancing, music, painting, drawing, sculpture, poetry, dramatic art, languages, reading comprehension, mathematics, recreation and athletics;

g. schools in which the course of instruction is licensed, registered or approved under any other section of this chapter or by any other department or agency of the state;

h. such other schools as the commissioner may by regulation in his discretion determine.

Non-public school homepage

Note well, that homeschools are listed on a NY State government non-public school homepage. Home schools are private schools and may not be regulated by the State unless they volunteer for registration for some privilege, such as the privilege of adminstering Regents exams and awarding NY State diplomas.

Home School Statute

New York State Consolidated Laws: Education Article 97
Sec. 4801. Establishment of home schools.
The common council of any city having a population of over seventy thousand but less than two hundred fifty thousand inhabitants may adopt a resolution by a majority vote establishing a home school for the purpose of giving instruction in the trades, industrial, agricultural and homemaking subjects in addition to instruction in public school subjects to children of the city and other children not more than eighteen years nor less than eight years of age who may be admitted thereto as hereinafter provided. Such school shall be known as the Home School of.................(Name of city establishing school).

New York State Education Department: Home Instruction Fact Sheet

The State of New York has no authority to regulate home instruction. The New York Constitution does not grant the State authority to regulate non-public schools. The Packer decision affirms the independence of non-public schools. How is it that the State is attempting to regulate private home educators without statutory or constitutional authority to do so?

New York State Education Department: SECTION 100.10 OF REGULATIONS OF THE COMMISSIONER OF EDUCATION

These home instruction regulations were enacted in 1988 with the help of Michael Farris, president of Home School Legal Defense Association (HSLDA). HSLDA is no defender of parental rights in education.

Prior to these Home Instruction regulations, home education operated under the Equivalency law mentioned above, i.e. "elsewhere than at a public school".

Equivalency laws place the burden of proof upon the State. Home instruction regulations place the burden of proof upon the homeschooling parent. Why would HSLDA help enact these burdensome and intrusive regulations? HSLDA supports the so called State's "compelling interest" in education, not intellectual freedom.