As homeschooling grows in New York, legislators should ask how to support parents who are taking responsibility for their children’s education. Instead, two bills sponsored by Senator Patricia Fahy (D–Albany) would impose additional scrutiny and restrictions on certain families who choose home instruction.
New York Families Foundation is concerned that these proposals could burden parents seeking a better educational environment for their children without addressing the reasons those children struggled in public school.
What the Bills Would Do
S.10714 would require an additional review for students who begin homeschooling and missed at least 20 percent of their enrolled public-school instructional days in the current or immediately preceding school year. Within 60 days of beginning home instruction, parents would need to provide evidence that instruction is occurring. A satisfactory showing would end the additional review. Otherwise, families would receive notice and an opportunity to correct deficiencies before further review.
The bill neither authorizes mandatory home entry solely because a child is subject to this review nor allows districts to impose a particular curriculum beyond existing requirements. These safeguards matter, but the additional burden still warrants scrutiny.
S.10715, the Senate companion to Assemblymember Alex Bores’ A.3429, raises a different concern. Known as “Raylee’s Law,” it would prohibit districts from authorizing a currently enrolled public-school student to transition to home instruction if a custodial parent or an instructor is facing a pending child abuse or neglect investigation or has ever been convicted of domestic violence, child abuse, or neglect.
Protecting children from abuse is essential. However, a pending investigation is not a finding of wrongdoing. Under S.10715, a report that triggers an investigation could prevent a family from moving a child from public school to home instruction while the investigation is pending, even before any allegations are substantiated. That raises serious concerns about fairness and due process.
Although New York now generally requires hotline callers to identify themselves, that requirement does not ensure the accuracy of an allegation. A family’s educational freedom could still hinge on an unresolved accusation.
“A parent should not be one unsubstantiated allegation away from losing the right to homeschool,” said Jason J. McGuire, President and CEO of New York Families Foundation. “Investigate credible reports of abuse and protect children in danger. But an investigation is not a verdict, and suspicion should not be enough to strip responsible parents of their educational choices.”
A Tragedy Demands Accountability
Senator Fahy has linked these proposals to the horrific deaths of four children in Mechanicville. Reporting documents warning signs and child protective investigations that preceded their deaths. That tragedy demands a serious examination of why those children were not protected. It does not authorize New York to treat parents who choose to homeschool as presumptuously abusive.
“Suspicion should not be New York’s default posture toward parents,” McGuire said. Protect children by acting on evidence of abuse and taking warning signs seriously. Don’t impose unnecessary burdens on responsible families because the system failed children who desperately needed its protection.”
These bills would not subject every homeschooling family to additional review or restrictions. Nevertheless, their proposed triggers warrant scrutiny. Past school absences do not establish educational neglect at home, and an unresolved allegation does not establish parental guilt. Protecting children and respecting parental rights are obligations the state must fulfill together.
The Absenteeism Numbers Need Context
Supporters cite figures showing that more than 80 percent of students who transitioned to homeschooling had been chronically absent. These figures reflect attendance before the transition. They do not establish that 80 percent of homeschoolers are missing their lessons or receiving an inadequate education at home.
An attendance problem warrants attention, but lawmakers should also ask what caused it. A child struggling with illness, anxiety, bullying, or an unsuitable learning environment may need a different educational approach. Additional scrutiny can burden parents who are actively working to resolve the problem when public education has failed.
New York already requires homeschooling families to submit notices of intent, individualized home instruction plans, quarterly reports, and annual assessments. Before imposing an additional requirement, lawmakers should explain why the current oversight framework is insufficient.
Listen to the Families Choosing Homeschooling
The Times Union recently reported that there are approximately 54,000 homeschoolers statewide and a record 4,897 in the eight-county Capital Region. Families said they value the flexibility to tailor instruction to their children’s needs.
Further reporting highlights parents of children with disabilities who turned to homeschooling after struggling to obtain services they believed their children needed. Their experiences should prompt lawmakers to examine shortcomings in school support that may be contributing to the rise of home instruction.
Parents who take on the considerable responsibility of educating their children deserve to be heard. For some families, homeschooling offers an opportunity to restore a child’s confidence, accommodate a disability, or provide an instructional approach that better suits that child.
New York Families Foundation urges elected officials to examine where existing protections failed before imposing additional scrutiny on families seeking better education for their children.
Every child’s life matters. The state must intervene effectively when children are in danger while respecting responsible parents’ freedom to help their children thrive.
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