As found in the Revised Questions and Answers on Home Instruction, published by the State Education Department of New York State.
Is it legal for me to home school my child with special education needs? Yes. Commissioner's Regulation 100.10 can be applied to any student of compulsory attendance age without regard to a possible or identified handicapping condition. (#70)
Am I required to have any special teaching credentials to home school my child? No. State law does not require any specific credentials for the person(s) providing home instruction. (#8)
Will I be required to draw up my own IEP to go along with my IHIP? No. A parent is not expected or required to construct or submit an IEP. (#81)
Must the CSE review and/or approve the IHIP for a student with special education needs? No. The superintendent of schools of the district is responsible for determining whether an IHIP is in compliance with the regulation and may call upon other persons to assist in the review. However, the superintendent has the responsibility to review and notify parents whether the IHIP complies with the regulation. (#80)
Is the district required to provide services to a student who has been identified by the CSE? The district is required to make appropriate services available to any identified student in accordance with the approved Individualized Education Plan. (#71)
May a parent elect to have the student receive some, but not all of the services specified in the IEP? Yes. Given the nature of home instruction, a parent may assume the responsibility for providing some of the needed services and may choose to have any other(s) specified in the IEP provided by the district. (#77)
Does a parent have the right to refuse the delivery of any services by the public school district? Yes. If the parent refuses services for a student known to have a handicapping condition, the parent should address the needs of the child in the IHIP. (#78)
To what extent must the IHIP include the services specified in the IEP? The IHIP should include the equivalent services listed in the IEP. As home instruction is, by its very nature, individualized and flexible, parents may provide for the needs of their children in different ways than those contained in the IEP. (#79)