Relates to admission to institutions of higher education for pupils receiving home instruction; prohibits the commissioner from requiring pupils who have completed the requirements of a home school education or a non-public school program to obtain or submit proof of having obtained a general education development certificate or any accredited diploma.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A43
SPONSOR: Simanowitz
 
TITLE OF BILL: An act to amend the education law, in relation to
admission into institutions of higher education for pupils receiving
home instruction
 
PURPOSE:
Relates to admission to institutions of higher education for pupils
receiving a home school education or a non-public school program.
 
SUMMARY OF PROVISIONS:
This bill amends the education law by adding a new section 312-a which
establishes fair practices for home school applicants.
 
JUSTIFICATION:
Home schooling restrictions in New York State create many difficulties
for those home schooling parents and their students who wish to advance
to institutions of higher education. In effect, these restrictions
undermine the validity of home schooling and serve to discrimination
against a legitimate educational choice. While there are other measures
which attempt to simplify New York State home schooling regulations in
order to reduce home schooling administrative burdens, this bill estab-
lishes fair practices for those home schooled applicants who seek admit-
tance into institutions of higher education.
Recently, a student at the Monroe County Community College -- who was
only a semester away from receiving his degree -- had his admission
revoked because he was home schooled for his high school education.
This bill would ensure that a situation like that would not happen
again, and at the same time it would strengthen the legitimacy of home
schooling.
 
LEGISLATIVE HISTORY:
2013-2014: Referred to Higher Education
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
43
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. SIMANOWITZ -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to admission into insti-
tutions of higher education for pupils receiving home instruction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 312-a
2 to read as follows:
3 § 312-a. Fair practices for home school applicants. 1. The commission-
4 er shall not require a pupil who has completed the requirements of a
5 home instruction education or a non-public school program, and who has
6 submitted test scores and other admissions material used by post-secon-
7 dary institutions that qualify the pupil for admission to an institution
8 of higher education, to obtain or submit proof of having obtained a
9 general education development certificate or any accredited diploma.
10 2. A pupil who has completed the requirements of a home instruction
11 education or non-public program shall be required to present a notarized
12 transcript, which demonstrates completion of a high school education in
13 a home instruction or non-public school setting, for admission to an
14 institution of higher education and such transcript shall be accepted
15 and the pupil admitted on an equal basis with all other applicants,
16 regardless of educational background.
17 3. The home instruction or non-public program graduate shall be eligi-
18 ble to receive their earned post-secondary degree or diploma when they
19 have fulfilled the requirements of the post-secondary degree or program
20 requirements and such degree cannot be withheld.
21 4. For the purposes of this section "institution of higher education"
22 shall mean any institution of higher education recognized and approved
23 by the regents or the university of the state of New York which provides
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00512-01-5
A. 43 2
1 a course of study leading to the granting of a post-secondary degree or
2 diploma.
3 § 2. This act shall take effect on the first of September next
4 succeeding the date on which it shall have become a law and shall apply
5 to undergraduate admissions to an institution of higher education for a
6 term or semester that begins on or after such date.