Policy 8450 – Home Tutoring (Temporary Instruction)
Overview
Home, hospital, or institutional instruction (sometimes referred to as homebound instruction) is an educational service provided by districts to resident students enrolled in a public or nonpublic school who are unable to attend school in person for at least ten days during a three-month period due to illness or injury which requires the student to remain at home or in a hospital or other institution for the treatment of children, other than a school.
The District will provide home, hospital, or institutional instruction to all resident students enrolled in a public or nonpublic school from kindergarten to age 21 when, due to a temporary or chronic physical, mental, or emotional illness or injury, as documented by the student’s treating healthcare provider, the student is unable to participate in their usual education setting.
Definitions
“Instruction delivery plan” means a written plan to continue the student’s academic progress and to maintain a record of delivery of instructional services and student progress.
“School district of residence” means the public school district within the State of New York where the students legally reside with their parents or guardians.
“Treating health care provider” means a person who is treating a student and is licensed or otherwise authorized to provide diagnosis pursuant to a profession enumerated in Title VIII of the Education Law.
“Tutor” means an employee of the school district of residence or an individual with whom the school district of residence contracts to provide home, hospital, or institutional instruction. The tutor must hold a New York State teaching certificate. A tutor may include a teacher employed by a board of cooperative educational services (BOCES) or an online platform that contracts with the school district of residence to provide this instruction
Request for Home, Hospital, or Institutional Instruction
To request home, hospital, or institutional instruction for a resident student, the parent or guardian must submit a request to the District that includes written medical verification from the student’s treating healthcare provider demonstrating the student’s anticipated inability to attend school in person for at least ten days during the next three months and written consent authorizing the Director of School Health Services or designee to contact the student’s treating healthcare provider. Refusal to provide this written consent will result in a denial of the request for home, hospital, or institutional instruction.
The request will be forwarded to the Director of School Health Services who will review the need for home, hospital, or institutional instruction and either approve or deny the request. During this review, the Director of School Health Services may contact the student’s treating healthcare provider to obtain additional information necessary regarding the student’s health or mental health.
Within five school days after receipt of written medical verification from the student’s treating healthcare provider, the District will notify the parent or guardian whether their request for home, hospital, or institutional instruction has been approved or denied. In the case of a denial, reason(s) for denial will be provided.
Appeals
Parents and guardians may appeal the denial of home, hospital, or institutional instruction to the District’s Board within ten school days of receipt of notification of the denial. Home, hospital, or institutional instruction will be provided while an appeal is pending before the District’s Board.
Home, Hospital, or Institutional Instruction Requirements
The District will provide home, hospital, or institutional instruction to a student within five school days after receiving notification of the student’s medical condition or within five school days from the request for home, hospital, or institutional instruction, whichever occurs first. This instruction, which may include remote instruction, will meet the minimum requirements outlined in law and regulation.
Students with Disabilities
Students with disabilities who are recommended for home, hospital, or institutional instruction by the Committee on Special Education (CSE) will be provided instruction and appropriate related services as determined and documented by the CSE in consideration of the student’s unique needs. This instruction will only be recommended if the placement is in the least restrictive environment and must be provided for at least the number and length of time as provided for other students receiving home, hospital, and institutional instruction. When necessary, online tutoring or virtual schooling programs may be employed at the discretion of the administration, in accordance with statutory regulations.
Recordkeeping
The District will maintain a record of delivery of instructional services and student progress. This includes, but is not limited to, a record of the dates, amount, and type of instructional services the student received including the tutor’s name, subjects taught, and the location where the instructional services were provided.
Education Law Sections 1604(20), 1709(24), 3202
8 NYCRR Sections 100.22, 175.21, and 200.6
Adopted: 4/25/01
Revised: 11/17/11
Revised: 04/09/20
Revised: 03/16/23