Knowing your rights and responsibilities as a homeschooler is always a necessary component to living and learning in your community.  A few years ago, one New York family learned the consequences the hard way.  After emotional and expensive months of upheaval, the charges against them were dropped.  Now Margie Cressy is again going through the court system filing a civil rights lawsuit against Montgomery County, former Sheriff Department Investigator William Gilston and Sheriff Michael Amato.  The lawsuit specifies violation of the Fourth and Fourteenth Constitutional Amendments.

GLEN : Home-schooling mother sues after facing charges The Daily Gazette - John Enger

 In the months that followed, Cressy claims, both Gilston and Sheriff Michael Amato made a series of knowingly false statements to the media before the case was dismissed.
She quoted an interview with the Gloversville Leader-Herald newspaper in which Amato said that Cressy “knowingly did not file the required paperwork with the local school district for seven years and could not provide adequate proof that the education of their children had taken place.”
She says these allegations were obviously not true, were dismissed by the courts and “were motivated by bad faith and malice.”

A Leader-Herald article [Mother Sues County - Arthur Cleveland] describing the lawsuit filed December 21 states this:

According to the complaint, former sheriff’s investigator William Gilston had threatened to “make an example” out of the family during the investigation, insulted those who home-schooled their children, and refused to meet the four children when offered the chance to meet them for an interview.

The local school superintendent contacted the Department of Social Services and in 2009, charges were filed against Margie and Richard Cressy, who homeschool their four boys.  In New York, homeschoolers are required to file notification forms with the local school district, along with a syllabus and quarterly reports.  For this Illinois homeschooler, these regulations sound like an utter nightmare, with no perceived learning benefits for the children.  Homeschoolers keep good track of their children’s educational progress and it is often done in an effective, but non-institutional manner.

But it is New York law. Onerous as it is.

Below is more information regarding the Cressy family situation.  The 2009 arrest drew national attention, as noted here at News & Commentary: Arrest Story Goes Viral

Sheriff Michael Amato’s letter to the Leader Herald.

Charges Dismissed  Leader-Herald Amanda Whistle

Parents found to be properly home-schooling four kids Judge tosses neglect case - Daily Gazette Edward Munger Jr

Drama and academics seems like a useful combination in the world of children and education.  One mom, Ruth Henry, found a way to show history is fascinating while engaging the recipient in a fun way.  (It’s a trick many homeschoolers and good teachers learned.)
From New York’s Capitol District Parent Pages History takes center stage – Zan Strumfeld

“You pick up the textbook, it weighs 40 pounds, you blow off the dust, you open to page 2,423 and by the time you get to the third paragraph everybody starts drooling and their eyes are rolling back in their heads,” Henry, of Loudonville, said. “I just thought, ‘Gee, there’s gotta be a better way to teach this.’”

She didn’t know it at the time, but Henry was about to introduce a new way of learning to dozens of homeschooled kids.

Successes on the stage playing out various histories such as the Erie Canal, Thomas Edison and westward migration stories created the established program-DRAMAcademics.

Though Henry didn’t keep on homeschooling her own children, the history musicals inspired her to create DRAMAcademics, an educational youth theater, to work with other homeschooled students.

After only a few productions, Henry began writing her own scripts. In 2007, while traveling back and forth on the Thruway to visit her husband’s business in Rochester, Henry said she felt very inspired while continuously passing the Erie Canal. On the drive she would create scenes and characters and record melodies on her cellphone, eventually writing “The Amazing Erie Canal.”

Looks like Ruth Henry is hooked on history and that will bode well for homeschoolers.

When Hurricane Sandy blasted its way over New York and New Jersey, many Long Island, NY homes were destroyed and family schedules are, of course, totally disrupted.  School buildings were devastated by the flooding and wind damage.

School relocation plans are being made for Rockaway area school students starting Wednesday. Parents are concerned about the prospect.  Many choose to homeschool instead of subjecting their children to long bus rides into unfamiliar territory.  Sadly, working communication, transportation and power is still at such a standstill, parents are concerned about school day emergencies where they can’t get to these far-off schools in a timely manner.

From DNAinfo.com Rockaway Parents Prefer Homeschooling to Relocating Kids to Other Schools

 Memoli lives on Beach 123rd Street, less than a half-block from the ocean. Her family and her sister’s family share a two-story attached brick townhouse.

Rushing water from the storm dislodged a large swath of the wooden boardwalk. It now lies in front of her home. Mounds of sand clog her street.

Her sister, Michele Salimeni, 41, has three children at P.S. 114. She plans on home-schooling as well.

Both sisters feel the relocations isolate them from their children during the day. They said a better solution would be for the Education Department to have classes in trailers in the neighborhood.

“We love our school. We love our teachers. If [the kids] can’t be there, they’ll be home with us,” Memoli said.

Best wishes that these families, their homes and their neighborhoods can return to normal soon. Hopefully, their input is given the utmost consideration from the ‘powers that be’.  They’ve suffered enough.

The legislation is waiting for the governor’s signature.

Good news for NY homeschoolers, 19 June 2008, Here in the Bonny Glen

Well, it looks like common sense has prevailed. Today the New York State Senate passed a bill reinstating these services to homeschooled children. The Assembly passed the companion bill on Monday. Now all that remains is the governor’s signature.

more at site

But how come no fun after school?, 14 March 2008, Buffalo News, Buffalo, New York

According to the law, the 18,000 children in New York State who are instructed at home are barred from participating in interscholastic athletics, although school districts can allow them to join other activities.

Most of the estimated 3,000 home-schooled children in Western New York do not participate in extracurricular activities, but Grand Island school leaders are weighing whether to grant the request of the Wynne family and change a district policy that would open the door for 67 home-schooled children.

…

Home schooling was characterized from the start as wanting nothing to do with institutional education, Ogilvie said. “Then, little by little, enthusiasm has to give way to expertise and the need for resources,” he said, “but they don’t want to give up any of the freedoms or the latitude they have.”

There is a concern that granting extracurricular privileges could evolve into granting other requests, leading to home schools’ achieving the status of registered schools, he said; the clubs are an outgrowth of school culture, and the school benefits from the clubs.

In the United States, clubs for children often are an “outgrowth of school culture,” but this isn’t a universal constant. Elsewhere, school is school and social activities for children are separated from it. There is no intrinsic human need for social activities to be tied to schools. Still, in the United States, this is the model and many people find it convenient, or beneficial to the school.

From a homeschooling perspective, the headline of the story also niggles. Perhaps its a viewpoint gained from organized schooling, but the idea of “fun after school” more closely characterizes the feelings of children in some kind of organized school rather than many children who are homeschooled.

The opinion of Superintendent Ogilvie that, “enthusiasm has to give way to expertise” in that homeschoolers must eventually return to the school system for support is also not a universal experience. People start their own organizations and, as the organization grows, the group accrues experience and a history. Larger groups usually develop a need for organization and rules (which is another topic homeschoolers can discuss), so even homeschoolers’ groups can take on hoops and bars to jump through and over.

Other information on New York homeschooled kids participating in sports is at:

• NYHEN: Current New York State Government Issues
• Diary of a Mad Sportswriter: SRAA’s Mohawk Homeschool allowed in
• Kids Out and About: Rochester area homeschooling groups and resources

posted by Valerie

Home schoolers lose special education aid, 15 January 2008, Times Union, Albany, New York

School districts across the state will soon be ordered to stop providing special education services to home-schooled students, according to state Education Department officials who say the change is mandated by federal law.

…

The policy, according to the memo, stems from federal law that allows money for home schools only if they are recognized by the state as schools. New York state law does not do that. The new policy does not apply to private and parochial school students.

The New York State Education Department issued a memo about the changes, and has already removed the Q&A section about special education from it’s website.

Provision of Special Education Services to Students with Disabilities who are Home Schooled, 3 January 2008, The State Education Department, The University of the State of New York, Albany, New York

Procedural History

In June 2007, the SRO [State Review Office] issued a decision (Application of a Child with a Disability, SRO Appeal No. 07-043) which determined that the provision of IEP services by a public school district to students with disabilities who are home schooled students educated pursuant to section 100.10 of the Regulations of the Commissioner of Education is not authorized under IDEA or NYS law. The SRO’s decision is currently part of an appeal filed by the parents against the school district in Federal District Court.

…

Recommendation

The Department will be advising the field that the provision of IEP services by a public school district to students with disabilities who are home schooled students … is not authorized under IDEA or NYS law. This communication will recommend that, for home schooled students currently receiving special education services from the public school district, the Committee on Special Education reconvene to determine if any amendments to the IEP are needed to ensure that FAPE [free appropriate public education] is provided upon enrollment of the student in the public schools. Districts will be also advised to notify the parents of the need to review and revise, as appropriate, the child’s individualized home instruction plan (IHIP) to address their child’s special education needs. The IHIP would then be reviewed and approved by the school superintendent. As home instruction is, by its very nature, individualized and flexible, parents may provide for the special education needs of their children in different ways than those contained in the IEP.

Home Instruction Questions and Answers, New York State Education Department

College Entrance

70. If home-instructed students cannot be awarded local or Regents high school diplomas, how can they gain entrance to colleges?

A comparison page is available (as of 15 Jan 08) at the New York Home Education Network (NYHEN) website.

State Education Dept Homeschooling Q&A, NYHEN

IMPORTANT: The State Education Department deleted this section on 12/12/2007, and is planning to prohibit districts from providing special ed services to homeschoolers. For more information, see our government issues page. Students with Special Educational Needs

70. May the parents of a student with specialized educational needs choose to provide home instruction for the student? Yes. Commissioner’s Regulation 100.10 can be applied to any student of compulsory attendance age without regard to a possible or identified handicapping condition.

71. Is the district required to provide services to a student who has been identified by the Committee on Special Education? The district is required to make appropriate services available to any identified student in accordance with the approved Individualized Education Plan (IEP).

72. Are there any restrictions on the availability of services to be provided by the district? The district has the obligation to offer all the services contained in the student’s IEP.

73. Is the district required to provide transportation in order for the student to receive services? Transportation must be offered to the extent necessary to enable the student to benefit from the instruction. The need for special transportation must be addressed in the student’s IEP.

74. Where are the services delivered? Generally, services would be delivered at the public school. However, the district and the parents may agree to have services delivered at an off-site as well (i.e., library, youth center, etc.)

75. May services be delivered at the student’s home? There is no prohibition against providing the services in the student’s home. If the district and parent agree that this is the most convenient and appropriate location, services may be provided to the student in the home.

76. When are the services delivered? The parent and district officials should discuss arrangements so that a block of time can be arranged for services which minimizes disruption.

77. May a parent elect to have the student receive some but not all of the services specified in the IEP? Yes. Given the nature of home instruction, a parent may assume the responsibility for providing some of the needed services and may choose to have any other(s) specified in the IEP provided by the district.

78. Does a parent have the right to refuse the delivery of any services by the public school district? Yes. If the parent refuses services for a student known to have a handicapping condition, the parent should address the needs of the child in the IHIP.

79. To what extent must the IHIP include the services specified in the IEP? The IHIP should include the equivalent services listed in the IEP. As home instruction is, by its very nature, individualized and flexible, parents may provide for the needs of their children in different ways than those contained in the IEP.

80. Must the Committee on Special Education review and/or approve the IHIP for a student with special educational needs? No. The superintendent of schools of the district is responsible for determining whether an IHIP is in compliance with the regulation and may call upon other persons to assist in the review. However, the superintendent has the responsibility to review and notify the parents whether the IHIP complies with the regulation.

81. Is a parent required to submit an IEP along with an IHIP? No. A parent is not expected or required to construct or submit an IEP.

82. How should the achievement of a student with special educational needs who is instructed at home be measured? Alternative evaluation measures provided in the student’s IEP may be used. If the student does not have an IEP, one of the two alternatives provided in the regulation, a standardized test or a narrative evaluation, must be used.

83. Is the district responsible for providing a reasonable amount of instructional materials for home instruction? A school district may provide textbooks and other materials to students instructed at home but it is not obligated to do so. However, if a student with a handicapping condition receives special education in accordance with an approved IEP, the district must provide the student with any specialized instructional materials necessary to enable the child to benefit from special education.

84. How does the district claim aid for providing any of the services to a student with special educational needs who is instructed at home? The district may claim aid for providing any of the services described in the IEP by filing for excess cost aid on State aid forms.

End of deleted section

A concern is that, because of the way New York’s homeschooling regulations are written, that parents will be denied approval to homeschool their special needs children: (from the SED memo linked above) “Districts will be also advised to notify the parents of the need to review and revise, as appropriate, the child’s individualized home instruction plan (IHIP) to address their child’s special education needs.”

New York State Homeschooling Regulations, NYHEN

(3) Within ten (10) business days of receipt of the IHIP, or by August thirty-first, or for the 1988-89 school year by September 30, 1988, whichever is later, the school district shall either notify the parents that the IHIP complies with the requirements of subdivisions (d) and (e) of this section or shall give the parents written notice of any deficiency in the IHIP.

…

(7) When administrative review of a school district determination of noncompliance is completed, the parents shall immediately provide for the instruction of their children at a public school or elsewhere in compliance with Education Law sections 3204 and 3210.

Thanks to HEM’s Kathy Ceceri for the heads-up, and for the link to the Times Union article.

posted by Valerie