Homebound Instruction in New York: A Guide for Families and Districts
When a New York student can't attend school because of illness or injury, their school district of residence is still responsible for their education. New York calls this home, hospital, or institutional instruction, often shortened to homebound instruction. Since 2023, the rules have been set out in a dedicated regulation with clear deadlines and minimum hours. This guide explains how it works for families and districts.
What the law says
The rules are in the Commissioner's regulations at 8 NYCRR 100.22. The district of residence must provide instruction to resident students from kindergarten to age 21, in public or nonpublic schools, when a temporary or chronic physical, mental, or emotional illness or injury, documented by the student's treating health care provider, keeps them from participating in their usual school setting.
That means mental health absences count, and so do students at private or religious schools who live in the district.
Who qualifies
The regulation applies to students who are expected to be unable to attend school in person for at least 10 days during a three-month period because of an illness or injury that requires them to stay at home, in a hospital, or in another institution for the treatment of children. The 10 days don't have to be consecutive, which matters for students with chronic conditions.
How to request it
New York doesn't use a single statewide form. Instead, the parent or guardian submits a request to the district of residence that includes:
Written medical verification from the student's treating health care provider, showing the student is expected to miss at least 10 days of in-person school during the next three months.
Written consent allowing the district's director of school health services (or a designee) to contact that provider. Refusing to give this consent results in the request being denied.
The district's director of school health services reviews the request and may contact the provider for more information about the student's physical or mental health.
Deadlines districts must meet
Instruction starts within 5 school days of the district learning about the student's medical condition or receiving the parent's request, whichever comes first.
Approval or denial within 5 school days of receiving the medical verification, with reasons given for any denial.
Appeals: parents can appeal a denial to the board of education within 10 school days, and instruction must still be provided while the appeal is pending.
Minimum instruction hours
Since July 1, 2023, students must receive at least:
Elementary: 10 hours per week, ideally at least 2 hours a day.
Secondary: 15 hours per week, ideally at least 3 hours a day.
Fewer hours are allowed only if the parent requests it and the treating provider documents why. In that case, the district must explain the reduction in writing and review it at least once a month to see when hours can increase. Instruction can include remote instruction.
The instruction delivery plan
Every student receiving homebound instruction must have a written plan, developed with input from the parent and, when appropriate, the student. It must spell out:
Hours per week and per day.
How instruction will be delivered.
Where it will happen (home, hospital, or institution).
How the instruction will keep the student making academic progress.
Districts must also keep records of the dates, amount, and type of instruction, including the teacher's name, subjects taught, and location.
Who can teach
Instruction can come from district staff or a contracted tutor, and every tutor must hold a New York State teaching certificate. Districts can also contract through a BOCES. For hospital or institutional instruction, districts may contract with a school connected to the hospital or with the local district where the facility is located.
Students with IEPs
If the Committee on Special Education (CSE) recommends home or hospital instruction for a student with a disability, the student receives instruction and related services under the special education regulations (8 NYCRR 200.6(i)) instead. Families of students with IEPs should contact the CSE as soon as an extended absence is likely.
A checklist for families
Ask your child's treating provider for written medical verification that they'll miss at least 10 days of in-person school in the next three months.
Submit a written request to your district of residence with that verification and a signed consent for the district to contact the provider.
Write down the date you submitted it. Instruction should begin within 5 school days.
Ask to see the instruction delivery plan and give your input on scheduling around treatment.
If your child has an IEP, contact the CSE as well.
For districts: meeting the 5-day deadline
The 2023 rules made homebound instruction faster and more demanding: 5 school days to start, higher minimum hours, a written plan, and certified teachers. Einstein Tutoring partners with districts and treatment facilities to provide in-person home and hospital instruction, with most students placed within 3 days. See our homebound instruction FAQ for common questions.
This article is general information, not legal advice. Check the full text of 8 NYCRR 100.22 and your district's own procedures.
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