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amphibology29
05-13-2010, 09:51 AM
The kids and I are probably moving home to New York for a few months later this year while my husband is away for work, and since we'll be there until at least mid-October I contacted HSLDA to find out whether I'd have to register Nikko as a homeschooler there. Here in NC the compulsory attendance age is 7 so we can't register until next year, but in NY it's 6 so we'd have to register this year if required for the short stay. The woman I spoke with told me that if we'll be there for more than a month of the school year we do have to register.

Bah humbug. NY is a pretty high regulation state so that's a bummer. None of the beginning stuff sounds too tough, though, and my in-laws (who we'll be staying with for space reasons) know the superintendent in their district, so hopefully he won't feel the need to hassle us. My main question concerns this: NY requires quarterly reports, but even if we start September 1st and only take off two days for Labor Day and Columbus Day, we're still not up to the end of a quarter until the first week of November. Am I going to have to file a quarterly report if we're not even there when it comes due?

I know that's a fairly specific question, but if anyone has any anecdotal advice from schooling away from home, I'm all ears!

Teri
05-13-2010, 10:03 AM
Maybe if you made a point of leaving the state for a day at the end of the month, you could get around that. LOL
Sorry, I have no real experience or advice. It does seem like if you have a permanent residence in a different state that you should be able to use your home state's rules.

LJean
05-13-2010, 12:20 PM
...... It does seem like if you have a permanent residence in a different state that you should be able to use your home state's rules.

This is what I was thinking. You don't have to get a drivers license for New York just to visit for a few months, so I would think you wouldn't be homeschooling under them either. ;) Is there a way to just not mention you are homeschooling while in New York?

amphibology29
05-13-2010, 01:19 PM
It does seem like if you have a permanent residence in a different state that you should be able to use your home state's rules.


You don't have to get a drivers license for New York just to visit for a few months, so I would think you wouldn't be homeschooling under them either. ;) Is there a way to just not mention you are homeschooling while in New York?

I figured since we maintain a permanent residence here in NC I'd be okay with following NC rules, but I wanted to check the laws to avoid any problems. That's when I found out that as part of their higher regulations NY wants kids residing there - even just on extended vacations - to maintain their education. If we were a public school family we'd have to enroll him in public school, too.

We could probably get away with just not mentioning it at all while we're there, but my in-laws live in a busy neighborhood and it only takes one person noticing a school-aged kid home during the day for an extended period to start asking questions and get us in trouble. You never know who is married to a teacher or knows a principal. And my mother-in-law told me when I asked about the superintendent for their school district that he actually lives somewhere in their neighborhood. So I don't want to take any chances.

Plus, we have kind of a strange situation since my husband is military. We live in NC and maintain a residence here where we receive our mail and pay bills (we even own a house). But because we're military our legal addresses remain in NY. We could change them if we wanted to, but since we can maintain addresses at our parents' homes it's just easier. We'd have to change everything every time we moved. This way we can maintain our voting addresses and the addresses on our licenses in NY and not have to deal with the hassle of changing every time we move. So if we didn't register Nikko as a homeschooler and someone made a stink about it, NY might have a claim that we are actual residents since we maintain our legal addresses there, even though our legal residence is in NC. Confused yet? Welcome to the wonderful world of the military. :D

LJean
05-13-2010, 01:21 PM
LOL.. not really confused. So actually you would be homeschooling under NY laws, as that is "your resident state". I can see how being a bit sneaky wouldn't work in your situation. Good luck! :D

reversemigration
05-13-2010, 03:17 PM
Ouch. While it's probably best to err on the side of caution and follow the regs, maybe you could give the superintendant a call and see how he feels about it, given he's probably the final authority on this decision in his district? Sort of throw yourself on the mercy of the court, particularly if you have some neighborhood ties and goodwill. :) If nothing else, he can tell you exactly what he'll need from you - or refer you to the right person.

(Is this starting to sound like military bureaucracy yet?)

amphibology29
05-13-2010, 03:42 PM
Ouch. While it's probably best to err on the side of caution and follow the regs, maybe you could give the superintendant a call and see how he feels about it, given he's probably the final authority on this decision in his district? Sort of throw yourself on the mercy of the court, particularly if you have some neighborhood ties and goodwill. :) If nothing else, he can tell you exactly what he'll need from you - or refer you to the right person.

(Is this starting to sound like military bureaucracy yet?)

Good idea! I hadn't thought of just calling up the super and asking what he'd like me to do. Heck, if I am prepared to have to register anyway, it can't hurt. Plus I can just ask him specifically if I'll have to file a quarterly with the district.

Boy, what a simple solution. I'm feeling a little sheepish for my "can't see the forest through the trees" moment here.

Snoopy
05-13-2010, 09:27 PM
Good idea! I hadn't thought of just calling up the super and asking what he'd like me to do. Heck, if I am prepared to have to register anyway, it can't hurt. Plus I can just ask him specifically if I'll have to file a quarterly with the district.
Boy, what a simple solution. I'm feeling a little sheepish for my "can't see the forest through the trees" moment here.

I would caution you, however, to not create a precedent that will hurt homeschoolers in your state in the end, by doing what the superintendent wants you to do, which might be more or different from what the applicable law in your case dictates. I think it is a far better solution to find out (as you did when you called HSLDA) what the law says and how you're supposed to comply with it. Can you call HSLDA back and explain your unique situation with your specific question about the quarterly report and see what they advise?

amphibology29
05-13-2010, 11:26 PM
I would caution you, however, to not create a precedent that will hurt homeschoolers in your state in the end, by doing what the superintendent wants you to do, which might be more or different from what the applicable law in your case dictates. I think it is a far better solution to find out (as you did when you called HSLDA) what the law says and how you're supposed to comply with it. Can you call HSLDA back and explain your unique situation with your specific question about the quarterly report and see what they advise?

I asked when I called them the first time and they said that it was up to the super, whether he would want me to submit an evaluation up to the point that we leave since we'll be there for the majority of the quarter, or whether he wouldn't care since we weren't staying the full quarter.

I wasn't able to get ahold of anyone today, but I left a message. If no one calls me back I guess I'll just send a letter of intent and say that since we'll be leaving before completing a full quarter I don't intend to submit a quarterly report unless specifically instructed to do so. Then it's on him what he wants me to do. By law homeschoolers have to submit quarterly reports in NY; there is no law about what you do if you leave partway through. But I went back to read the exact wording on the part about the quarterly reports and it also says that the superintendent doesn't get to decide on the adequacy of the quarterlies, so if I do have to turn one in it doesn't sound like it really matters that much what I say.