The Empire State: Overall D-
New York is one of the most restrictive states for educational freedom. No education savings accounts, no vouchers, no tax-credit scholarships. Heavy regulation of homeschoolers and private schools. If you’re a parent looking for alternatives, this system wasn’t built for you.
Microschools — D-
These are small independent schools, usually around 15 students. Most are started by teachers from public and private schools.
- No microschool legal framework
- Founders must register using large school requirements or homeschool co-ops.
- Private school pathway requires equivalency reviews every 7 years
Improvements
- Create a microschool exemption for schools under 30 students
School Choice Policy — F
School choice policies are a wide range of laws that influence charter schools, open enrollment in public schools, and funding for private school tuition or homeschooling.
- Zero programs
- Charter cap at 460 and fully exhausted since 2015
- 150,000+ students in NYC charters with thousands on waitlists
Improvements
- Lift the charter school cap
Homeschooling — D
Homeschooling is more than just a parent teaching their children. While that is very common with younger students, many homeschoolers join co-ops, find online courses, or enroll in an in-person class.
- Annual letter of intent, home instruction plan, 4 quarterly reports, and annual assessment required
- Parent must be the primary instructor, and more than 50% from an outside teacher triggers reclassification as a private school
- Homeschoolers can’t access public school sports
Improvements
- Eliminate quarterly reports, annual assessment only
Extra Credit: None Earned
Noteworthy: In 2025, the Court of Appeals confirmed the State Education Department cannot close a nonpublic school or force parents to unenroll. Parents are responsible for identifying what a substantially equivalent education means. Since this was a judicial correction, no extra credit is awarded.
Helpful Links for Parents
- Homeschooling in NYC
- NYS Homeschool Regulations
- HSLDA New York Compliance Guide
- NYC Charter School Center
This is part of a series where we review and rate education access in every state in the country. Get more information here.
Author: Jon England is the Senior Education Policy Analyst at Libertas Institute. He is a fourteen-year veteran of public schools. He taught both fifth and sixth grades, receiving Weber District’s E+ Team Award. He proudly homeschools his children with his wife.
Jon received his bachelor’s degree in elementary education from the University of Utah and a master’s degree in educational leadership from Western Governors University. He spent time in the Marine Corps and separated as a sergeant in 2006.
During his time in public schools, Jon increasingly understood the importance of parental empowerment in education. This increased understanding led him to join Libertas to provide educational freedom for families. Jon enjoys spending time with his wife and five children traveling, skiing, and playing games.
Published: June, 2026