BILL NUMBER: S199
SPONSOR: MARTINEZ
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to clarify the obligations of public school
superintendents and parents where a parent has complied with state regu-
lations governing home instruction to students of compulsory school
attendance age and such parent seeks a letter of substantial equivalence
from the public school of the city or district where the student
resides.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 2 of section 3204 of the education law to
add a new paragraph iv to clarify the obligations of public school
superintendents and parents concerning the issuance of providing a
letter of substantial equivalence where a parent has complied with home
instruction requirements prescribed in the commissioner's regulations.
Section 2: Establishes the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Revisions have been added to clarify various responsibilities and time-
frames.
 
JUSTIFICATION:
Unlike public or private high school students, home instruction students
do not receive a high school diploma.Instead, they may receive a letter
of "substantial equivalence" from the public school of the city or
district where they reside.However, due to persistent confusion, some
public school administrators will not issue a letter of substantial
equivalence, and some institutions of higher education will not accept
such a letter as evidence of the student's fulfillment of a four-year
high school course.Failure to obtain a letter of substantial equivalence
can be a major obstacle to a home instruction student applying to
college or a licensed private career school. Many institutions of higher
education do not permit students to enroll as degree candidates unless
they can provide satisfactory evidence of a high school education or its
substantial equivalent. Even more significantly, if a student is unable
to enroll as a degree candidate, then the student is ineligible to apply
for financial aid. These obstacles may result in students seeking higher
education opportunities outside of New York State.
Despite confusion among some public schools and institutions of higher
education concerning the format and substance of the letter of substan-
tial equivalence, SED's guidance on home instruction clearly states that
"A home instruction program that adheres to the standards of the regu-
lations at each stage of the process should be deemed to be substantial-
ly equivalent."1 This bill clarifies that a public school superintendent
need only verify the fact of compliance to be authorized to issue a
letter certifying home instruction as "substantially equivalent" to the
public school. In turn, this bill also provides institutions of higher
education with certainty that they may accept a letter of substantial
equivalence as satisfactory evidence of the home instruction student's
fulfillment of a four-year high school course.
 
PRIOR LEGISLATIVE HISTORY:
2023 - A.2957 - Referred to Education
2022 - A.9926 - Referred to Education
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
Immediately.
New York State Education Department, Non-public Schools, Home Instruc-
tion Q&A No. 37 at r(April 14, 2022).