New York Pending Homeschool Legislation

Reviewed November 2, 2026: no changes noted.

Status as of November 2, 2026: Four homeschool-related bills are pending in the New York Legislature. All were filed in the 2025-2026 session, which ends December 31, 2026. Bills that do not pass by then die and must be reintroduced.

Next session: The 2027 session is scheduled to convene January 6, 2027 (MultiState). We check New York weekly and daily during session, and this page will be updated as bills move.

Pending Bills

S10714: Enhanced Educational Continuity Reviews for Certain Students Moving to Home Instruction

• Sponsor: Sen. Patricia Fahy (D, WF), 46th Senate District
• Status: Introduced October 2, 2026, and committed to the Senate Rules Committee (NY Senate: S10714). We found no Assembly companion listed.
• On a committee agenda: No
• Synopsis: Would add Section 3211-b to the Education Law. If a public school student who was absent 20% or more of enrolled instructional days (in the current or prior school year) starts home instruction, the district must notify the family and do an “enhanced educational continuity review.” Within 60 days, the district reviews whether the child’s home instruction plan (IHIP) is being carried out. Parents may show this with records, work samples, curriculum, a portfolio, or an interim assessment. A satisfactory showing ends the review. If the evidence is found insufficient, the district must list each deficiency and give at least 15 days to cure it before it may require further steps, such as an educational conference or interim assessment. The bill says it does not delay the start of home instruction, and the State Education Department would report data each year (bill text and sponsor memo). The sponsor’s press release says the bill does not authorize home entry or let districts dictate curriculum (Sen. Fahy press release, October 5, 2026).
• Rating: 👎 Increases burdens. It adds an extra early review, on top of the existing IHIP and quarterly report process, for families whose child had high absences before leaving public school. Other homeschool families would not be affected.

S10715 / A3429: “Raylee’s Law” (Home Instruction Barred in Certain Circumstances)

• Sponsor: Sen. Patricia Fahy (S10715); Assemblymember Alex Bores (A3429)
• Status: S10715 was introduced October 2, 2026, and committed to the Senate Rules Committee. A3429 was introduced January 27, 2025, and is in the Assembly Education Committee (NY Senate: S10715; A3429). An earlier version, A10183, was filed in 2023-2024.
• On a committee agenda: No
• Synopsis: Would amend Education Law Section 3205. A school district could not allow a currently enrolled public school student to be instructed at home if there is a pending child abuse or neglect investigation against either custodial parent or the person instructing the child, or if either has ever been convicted of domestic violence or child abuse or neglect. Every school board would need a policy so the superintendent is told when school staff report suspected abuse or neglect. The superintendent would then confirm case status with the Office of Children and Family Services, which must answer within 48 hours. It would take effect immediately (bill text). Note: the sponsor’s press release lists the Assembly bill as A.3492, but the Senate site lists the Assembly version as A3429 (press release).
• Rating: 👎 Increases burdens. A pending investigation, not a finding, would be enough to block a family from withdrawing an enrolled child to homeschool.

S199 / A2326: Home Instruction Deemed Substantially Equivalent

• Sponsor: Sen. Monica R. Martinez (D, WF), 4th Senate District, with bipartisan co-sponsors
• Status: Introduced January 8, 2025, and in the Senate Education Committee (NY Senate: S199). Earlier versions were filed in 2021-2022 and 2023-2024.
• On a committee agenda: No
• Synopsis: Would amend Education Law Section 3204 so that home instruction that complies with Article 65 and the Commissioner’s home instruction regulations is deemed “substantially equivalent” to public school instruction. The sponsor memo says it clarifies the duties of superintendents and parents when a compliant parent asks for a letter of substantial equivalence (summary and sponsor memo).
• Rating: 👍 Decreases burdens. Families who follow the existing rules would have a clear path to a substantial equivalence letter.

S4037C / A323: Compulsory School Age Lowered from Six to Five

• Sponsor: Sen. James Skoufis (D), 42nd Senate District
• Status: Introduced January 31, 2025, and amended three times (now version C). The Senate site lists it as in the Assembly Codes Committee (NY Senate: S4037C).
• On a committee agenda: No
• Synopsis: Would lower the age for required full-time instruction from six to five, so children ages five to sixteen must attend full time. It would also require districts to keep a free kindergarten for residents ages four to six (sponsor memo).
• Rating: 👎 Increases burdens. Because New York’s home instruction rules apply to children of compulsory school age, families would have to start filing and reporting a year earlier.