Wednesday, November 11, 2026
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New York Homeschool Laws

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Last Updated On
byM Lycurgus

New York has one homeschool option: home instruction. It must be at least substantially equivalent to instruction in the local public schools. School is required from the year a child turns 6 by December 1 until age 16. Some districts raise the limit to 17 for children who do not work. You must send a notice of intent to your district superintendent by July 1 each year. If you start later, send it within 14 days. Then you file an individualized home instruction plan, or IHIP, each year.

Day to day, New York asks for regular paperwork. You file quarterly reports on hours, subjects, and grades. You also complete an annual assessment from first grade through twelfth grade. In addition, you must keep attendance records and teach the required subjects. Plan for the equivalent of 180 days. Plan for 900 hours in grades 1 to 6, and 990 hours in grades 7 to 12. New York sets no teacher certification rule for parents. However, an appellate court ruled against homeschool access to public school sports. In addition, the annual assessment can be a test or a written narrative, depending on grade. For full details on each topic, open the sections below.

A child must attend full-time instruction starting in the school year in which he or she turns 6 on or before December 1, and must remain until the last day of session in the school year in which the child turns 16. A local board of education may require minors aged 16 to 17 who are not employed to attend until the end of the school year in which they turn 17 (Education Law 3205; NYSED Home Instruction Q&A, questions 39 and 44). In New York City, children must attend school or be homeschooled until the end of the school year in which they turn 17 (NYC Public Schools: Home Schooling). A board of education may require children who are 5 by December 1 to attend kindergarten, but this does not apply to children in home instruction or to parents who choose not to enroll their child until the following September (Education Law 3205(2)(c)).

New York has one option for homeschoolers: home instruction under Education Law 3204 and 8 NYCRR 100.10. Instruction given elsewhere than at a public school must be at least substantially equivalent to instruction given to minors of like age and attainments at the public schools of the district (Education Law 3204; 8 NYCRR 100.10; NYSED: Home Instruction).

Yes. With the fourth quarterly report, you file an annual assessment. It is either the result of a commercially published norm-referenced achievement test or an alternative evaluation. In grades 1–3 you may use a written narrative or a test; in grades 4–8 a written narrative may be used no more often than every other school year, so a test is required at least every other year; in grades 9–12 a test is required every year (8 NYCRR 100.10(h); NYSED Q&A, question 62).

The regulation lists the Iowa Test of Basic Skills, the California Achievement Test, the Stanford Achievement Test, the Comprehensive Test of Basic Skills, the Metropolitan Achievement Test, a State Education Department test, or another test approved by the State Education Department (8 NYCRR 100.10(h)(1)). HSLDA and NYC Public Schools also list the PASS test (HSLDA; NYC Public Schools). A score is adequate if the composite score is above the 33rd percentile on national norms, or shows one academic year of growth compared with a test given during or after the prior school year; otherwise the program is placed on probation (8 NYCRR 100.10(h)(1)(v)). A written narrative may be prepared by a New York State-certified teacher, a home instruction peer group review panel, or another person who has interviewed the child and reviewed a portfolio of the child’s work, chosen by the parent with the superintendent’s consent (8 NYCRR 100.10(h)(2)). With the superintendent’s consent, a parent may give the test or write the narrative (NYSED Q&A, question 66).

Every grade, K–12, each year: patriotism and citizenship; health education regarding alcohol, drug, and tobacco misuse; highway safety and traffic regulations (including bicycle safety); and fire and arson prevention and safety. U.S. history, New York State history, and the U.S. and New York constitutions must be taught at least once during the first eight grades.

Grades 1–6: arithmetic, reading, spelling, writing, English language, geography, U.S. history, science, health education, music, visual arts, physical education, and bilingual education and/or English as a second language where the need is indicated.

Grades 7–8: English, history and geography, science, mathematics, art, music, physical education, health education, practical arts, and library skills.

Grades 9–12 (minimums): mathematics (2 units), English (4), social studies including American history, participation in government, and economics (4), science (2), art and/or music (1), health education (½), physical education (2), and electives (3). One unit is 6,480 minutes (108 hours) of instruction per school year (8 NYCRR 100.10(e)).

Yes. (1) Notice of intent: send it to the district superintendent by July 1 each year, or within 14 days of starting home instruction during the year (or moving into the district). (2) IHIP: the district sends a copy of the regulation and an IHIP form within 10 business days of your notice; you return the IHIP by August 15 or within four weeks of receiving the form, whichever is later. It lists the child’s name, age, and grade level; the syllabi, curriculum materials, textbooks, or plan of instruction for each required subject; the dates of your quarterly reports; and the names of the people giving instruction. (3) Quarterly reports: on the dates in your IHIP, give the district the hours of instruction, a description of the material covered in each subject, and a grade or written narrative for each subject. If less than 80 percent of the planned material was covered in any subject, include a written explanation (8 NYCRR 100.10(b)–(g); NYSED Q&A).

A district may not require you to register your child in the public school or to meet with school officials, and it may ask only for the IHIP information the regulation lists (NYSED Q&A, questions 2, 3, and 46).

New York City: NYC Public Schools asks families to email the letter of intent and required documents to letterofintent@schools.nyc.gov, and to email the IHIP, quarterly reports, and annual assessment to homeschool@schools.nyc.gov. For the 2026–27 school year, returning families use the personalized link emailed to them (NYC Public Schools: Home Schooling).

Yes. You must provide the substantial equivalent of 180 days of instruction each year, and cumulative hours of 900 per year in grades 1–6 and 990 per year in grades 7–12. Parents must keep attendance records and make them available to the district on request (8 NYCRR 100.10(f); NYSED Q&A, question 35).

None. You do not need to enroll in or affiliate with any school (HSLDA: New York Homeschool Laws; NYSED Q&A, question 2).

No. State law does not require any specific credentials for the people providing home instruction (NYSED Q&A, question 9). Education Law 3204 requires instruction by a “competent teacher” (Education Law 3204). The IHIP names the people giving instruction, and parents may use a tutor for all or part of the program (8 NYCRR 100.10(d); NYSED Q&A, question 5).

No for interscholastic sports. Commissioner’s Regulation 135.4(c)(7) requires interscholastic sports participants to be enrolled in the public school, and CR 135.1 does the same for intramurals. Homeschooled children may join school-sponsored clubs, and may join the band or take music lessons if the district treats these as extracurricular (NYSED Q&A, questions 12 and 13). To be eligible for interschool competition, a student must be a bona fide student, enrolled during the first 15 school days of the semester and registered in the equivalent of three regular courses (8 NYCRR 135.4(c)(7)(ii)(b)(2)). An appellate court upheld this rule for a homeschooled student in Bradstreet v. Sobol, 650 N.Y.S.2d 402 (A.D. 3 Dept. 1996) (HSLDA: Public School Access for Homeschoolers in New York). Ask your district about its own policy on clubs and facilities.

Proof of immunization is not required to homeschool. However, a homeschooled child who is not vaccinated as Public Health Law 2164 requires, and has no valid medical exemption, may not take State tests or Regents exams at a school, or audit or attend some classes at a nonpublic school (NYSED: Vaccination Requirements Applicable to All Students FAQ, October 2023; NYC Public Schools).

If your child is doing full-time college study (at least 12 semester hours) as a high school student, the IHIP should state that the child will meet compulsory education through study at a degree-granting institution, and name the institution and subjects (8 NYCRR 100.10(d)(5)). Home-instructed students cannot be awarded a local or Regents diploma (NYSED Q&A, question 26). The State Education Department’s Q&A explains how districts review the IHIP, quarterly reports, and annual assessments for substantial equivalence (NYSED Home Instruction Q&A, question 37).

Last reviewed: November 11, 2026

*The information on this page is for general use only. It should not be taken as legal advice. It is believed to be accurate however state and federal laws change every year. Homeschool.net recommends joining an organization such as the Home School Legal Defense Association before your homeschooling adventure begins. HSLDA can provide complete, accurate, legal advice and services for homeschooling families.

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No changes in law noted since this page was first published.

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