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Homeschooling a Child with an IEP in New York

What happens to your child's special education services when you homeschool in New York, and how to reach the services that remain available.

What happens to your child's services

In New York, your child's IEP does not simply carry over to home instruction, but districts may provide special education services to home-instructed students under Education Law 3602-c (NYSED). You also have the right to a public school evaluation for special education.

Primary source: NY Education Law 3602-c, 8 NYCRR 200

How to access services while homeschooling

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Dual enrollment for services

Under Education Law 3602-c(2-c), a home-instructed student whose individualized home instruction plan (IHIP) the superintendent has found compliant is treated as a nonpublic school student solely to receive special education services. Special education is the exception to NYSED's general bar on dual enrollment services for home-instructed students.

Education Law 3602-c(2)(a), (2-c)

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Child Find evaluation

NYSED says parents of a home-instructed child have the right to a public school evaluation for special education.

NYSED Home Instruction Questions and Answers; IDEA, 20 USC 1412(a)(3)

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Equitable services (IESP)

Special education services under Education Law 3602-c (NYSED Home Instruction Q&A).

Education Law 3602-c(2-c)

Before you withdraw

  1. 1

    Request complete copies of all IEP documents, evaluations, and progress reports before you withdraw.

  2. 2

    Consider requesting an IEP meeting to discuss the transition. This is optional.

  3. 3

    File your homeschool notice as your state requires. Our wizard prepares it for you.

  4. 4

    Arrange any private therapies or services your child needs before withdrawal takes effect.

Keep copies of all IEP documents, evaluations, and progress reports. You'll need them if you re-enroll.

Special education help

COPAA

copaa.org · Find a special education attorney near you

Wrightslaw

wrightslaw.com · Special education law encyclopedia

Common questions

What happens to my child's IEP when I start homeschooling in New York?
In New York, your child's IEP does not simply carry over to home instruction, but districts may provide special education services to home-instructed students under Education Law 3602-c (NYSED). You also have the right to a public school evaluation for special education.
Can my child still get special education help from the school if we homeschool in New York?
Dual enrollment for services: Under Education Law 3602-c(2-c), a home-instructed student whose individualized home instruction plan (IHIP) the superintendent has found compliant is treated as a nonpublic school student solely to receive special education services. Special education is the exception to NYSED's general bar on dual enrollment services for home-instructed students. Child Find evaluation: NYSED says parents of a home-instructed child have the right to a public school evaluation for special education. Equitable services (IESP): Special education services under Education Law 3602-c (NYSED Home Instruction Q&A).

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Requirements sourced from 8 NYCRR 100.10. Last reviewed October 2026