Homeschooling a Child with an IEP in New York
This is general guidance based on New York law. For your specific IEP, consult a special education advocate.
Having an IEP doesn't mean you can't homeschool in New York. You absolutely can. Here's what you need to know about services, rights, and the withdrawal process.
What happens to your child's services
IESP (Individualized Education Services Program) developed with same contents as IEP. State-level right under Education Law 3602-c, not merely federal proportionate share.
New York provides some of the strongest protections for homeschooled children with disabilities. Your child's IEP becomes an IESP (Individualized Education Services Program) with equivalent content. Notify your local Committee on Special Education (CSE) by June 1 before the school year to request services.
The IEP is replaced by an Individualized Education Services Program (IESP). The IESP is developed in the same manner and has the same contents as an IEP. Special education services must be provided on an equitable basis. This is one of the strongest protections in the country.
Federal protections
- ✓Child Find: Your district must evaluate your child for disabilities if you request it, even while homeschooling.
- ✓Proportionate share: The district must set aside a share of federal special education funding for children in private schools, including homeschools.
Primary source: NY Education Law 3602-c, 8 NYCRR 200
How to access services while homeschooling
Dual enrollment for services
Effectively available through the IESP process. Homeschooled children with disabilities receive services equivalent to an IEP.
How to request: Notify your local Committee on Special Education (CSE) by June 1 before the school year.
Child Find evaluation
The local CSE evaluates children suspected of having disabilities.
How to request: Submit a written request to your local Committee on Special Education (CSE).
IDEA — 20 USC 1412(a)(3); 34 CFR 300.111
Equitable services (IESP)
Robust equitable services available through the IESP program. One of the strongest protections in the country.
How to request: Request by June 1 before the school year through your local CSE.
Therapy access
- Speech therapy:
- Available through IESP as a related service
- Occupational therapy:
- Available through IESP as a related service
- Behavioral therapy:
- May be available through IESP depending on CSE determination
IESP services available Sept 1 - June 30. Request by June 1 before school year.
Where services are typically delivered: Location varies (school, home, or another setting depending on the service)
Before you withdraw: step by step
These are the steps we recommend before withdrawing from New York public schools.
- 1
Request complete educational records before withdrawing
- 2
Submit written notice of intent to provide home instruction (8 NYCRR 100.10)
- 3
Submit written request for IESP services to board of education by June 1
- 4
Complete and submit the IHIP (Individualized Home Instruction Plan) to superintendent
- 5
Request a CSE (Committee on Special Education) meeting to develop the IESP
Important deadline: Written request for special ed services to board of education by June 1 preceding the school year. Newly identified students: 30 days from identification. District change: 30 days.
Starting mid-year? June 1 deadline is for the following school year. Mid-year IESP requests are not explicitly addressed in statute. Best practice: request in writing immediately and cite equitable services requirement.
If you want to re-enroll
Homeschooling is not a one-way door. Your child can re-enroll in public school at any time.
In New York: Federal IDEA applies — comparable services until new IEP developed. IESP converts back to IEP upon re-enrollment.
Reevaluations for nonpublic students are required every 3 years at no cost, even if not currently receiving services.
Keep copies of all IEP documents, evaluations, and progress reports. You'll need these if you re-enroll.
Know your rights
Some districts push back when families withdraw children with IEPs. Here's what New York families have encountered and what the law actually says.
The district says: “Your child has an IEP, so they cannot be homeschooled”
The law says: Education Law 3602-c explicitly provides IESP services for home-instructed students.
What to do: Cite Education Law 3602-c and Chapter 217 of the Laws of 2008.
The district says: “We don't have to provide services to homeschool students”
The law says: Under NY law, districts must provide IESP services on an equitable basis when properly requested.
What to do: File written request citing Education Law 3602-c. Due process rights apply under Education Law 4404.
Who to call
You don't have to navigate this alone. These organizations help families with special education questions.
Sinergia / Metropolitan Parent Center
(866) 867-9665 · sinergiany.org
Parent training and information center
COPAA
copaa.org · Find a special education attorney near you
Wrightslaw
wrightslaw.com · Special education law encyclopedia
Common questions
Can I homeschool a child with an IEP in New York?
What happens to my child's IEP when I start homeschooling in New York?
Can my child still get therapy through the school if we homeschool in New York?
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Start the New York wizardRequirements sourced from 8 NYCRR 100.10. Verified against primary legal sources. Last verified: March 2026