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New Hampshire
Home Schooling - State Laws &
Regulations
Please Note This Important
Notice:
New Hampshire
home schooling laws and regulations cannot be summarized in a short
informational page or overview. It is incumbent upon
you to perform due diligence in researching and
familiarizing yourself with your state's legal's and
regulations as they pertain to homeschooling. This
information is provided for you to give you a
starting point. This is not intended to be legal
advice and is distributed for basic informational
purposes only. For more information about the laws
and regulations in this state please contact a state
or local support group or your public library.
New Hampshire Home Schooling Compulsory School Age
Six years of age and over and under sixteen years of age.
To comply with the homeschooling statute in
New Hampshire, parents send a) a letter of intent either before the first
day of the new school year or when beginning a home education program, if
later, and b) a description of the scope, sequence, and materials for the
program within 30 days of the initial letter of intent. A portfolio
containing samples of the child's work must be maintained, and some type of
evaluation must be provided by July 1. Most homeschoolers choose portfolio
evaluation, but the law indicates that "any mutually [between parent and
administrator] agreed upon method" is acceptable. Additionally New Hampshire
has a dual enrollment statute which allows for homeschoolers to participate
in curricular and co-curricular (but not extra-curricular) public school
activities. Extra-curricular activities are allowed at the discretion of the
individual schools and superintendents.
279:1 Compulsory Attendance. RSA 193:1 is repealed and
reenacted to read as follows:
193:1 Duty of Parent; Compulsory Attendance by Pupil.
I. A parent of any child at least 6 years of age and under 16 years of
age shall cause such child to attend the public school to which the
child is assigned in his resident district. Such child shall attend full
time when school is in session unless: (a) The child is attending a
public school outside the district to which he is assigned or an
approved private school for the same time; (b) The child is receiving
home education; or (c) The relevant school district superintendent has
excused a child from attendance because the child is physically or
mentally unable to attend school, or has been temporarily excused upon
the request of his parent for purposes agreed upon by the school
authorities and the parent. Such excused absences shall not be permitted
if they cause a serious adverse effect upon the student's educational
progress. Students excused for such temporary absences may be claimed as
full-time pupils for purposes of calculating state aid under RSA
186-C:18 and RSA 198:27-33.
II. A child who reaches his sixth birthday after
September 30 shall not be required to attend school under the provisions
of this section until the following school year.
III. In this section: (a) "Parent" means a parent,
guardian, or person having legal custody of a child. (b) "Resident
district" means the school district in which the child resides.
279:2 Statement of Purpose. The general court
recognizes, in the enactment of RSA 193-A as inserted by section 3 of
this act, that it is the primary right and obligation of a parent to
*CHOOSE* the appropriate educational alternative for a child under his
care and supervision, *AS PROVIDED BY LAW*. One such alternative allows
a parent to elect to educate a child at home as an alternative to
attendance at a public or private school, in accordance with RSA 193-A.
The general court further recognizes that home education is more
individualized than instruction normally provided in the classroom
setting.
279:3 New Chapter; Home Education. Amend RSA by
inserting after chapter 193 the following new chapter:
CHAPTER 193-A HOME EDUCATION
193-A:1 Definitions. In this chapter:
I. "Child" means child or children at least 6 years of
age and under 16 years of age who is a resident of New Hampshire.
II. "Nonpublic school" means a nonpublic school
approved pursuant to rules adopted by the state board of education and
administered by the department of education and which has agreed to
administer the relevant provisions of this chapter.
III. "Parent" means a parent, guardian, or person
having legal custody of a child.
IV. "Resident district" means the school district in
which the child resides.
193-A:2 Program Established. There is established the
home education program to be administered by the department of
education.
193-A:3 Rulemaking. The state board of education shall
adopt rules pursuant to RSA 541-A, relative to administering the home
education program.
193-A:4 Home Education; Defined; *CURRICULUM
REQUIRED*.
I. Instruction shall be deemed home education if it
consists of a planned and supervised instructional and related
educational activities, including a curriculum and instruction in
science, mathematics, language, government, history, health, reading,
writing, spelling, and the history of the Constitutions of New Hampshire
and the United States, and an exposure to and appreciation of art and
music. Home Education shall be provided by a parent for his own child,
unless the provider is otherwise agreed upon by the appropriate parties
named in paragraph II.
II. The department of education, resident district
superintendent, or a nonpublic school shall work with parents upon
request in meeting the requirements of this section.
193-A:5
Notification and Other Procedural Requirements. A Parent may provide
home education to a child or children at home, subject to the following
requirements:
I. The parent shall *NOTIFY*, by August 1 of each
year, the commissioner of education, resident district superintendent,
or principal of a non-public school of his intention to provide home
education. Said superintendent or principal shall provide notification
of such intention to the department of education. Any parent desiring to
provide home education who moves into a school district after August 1
shall immediately notify the commissioner of education of his intent to
educate a child at home and shall comply with the requirements of this
section within 30 days of such notice. Subject to the provisions of RSA
193-A:7, I, the commissioner of education shall *ACKNOWLEDGE* in writing
that the parent shall be permitted to initiate a home education program
for a child enrolled in a public or nonpublic school if the program
meets the minimum definitional and educational requirements as provided
in RSA 193-A:4, I and II of this section.
II. Notification made by the parent pursuant to
paragraph I shall include a list of the names, addresses and birthdates
of all children who are participating in the home education program and
a list of the subjects to be taught each child in accordance with RSA
193-A:4, I. A description of such subjects shall also be provided which
shall include: (a) The name of an established correspondence school
used, if any; (b) The name of an established commercial curriculum
provider used, if any; (c) A table of contents or other material which
outlines the scope of and instructional sequence for each subject, or
both; and (d) A list of textbooks or other instructional materials used.
III. Written notice of termination of a home education
program shall be filed by the parent with the commissioner of education,
and, in addition, the resident district superintendent or nonpublic
school principal within 15 days of said termination.
IV. Subject to the provisions of RSA 193-A:7, I, the
commissioner of education, resident district superintendent, or
nonpublic school principal shall acknowledge receipt of notification
within 21 days of such receipt.
193-A:6 Records; Evaluation.
I. The parent shall maintain a portfolio of records
and materials relative to the home education program. The portfolio
shall consist of a log which designates by title the reading materials
used, and also samples of writings, worksheets, workbooks, or creative
materials used or developed by the child. Such portfolio shall be
preserved by the parent for 2 years from the date of the ending of the
instruction.
II. The parent shall provide for an annual educational
evaluation in which is documented the child's demonstration of
educational progress at a level commensurate with the child's age and
ability. The child shall be deemed to have successfully completed his
annual evaluation upon meeting the requirements of any The following:
(a) A certified teacher or a teacher currently teaching in a nonpublic
school who is selected by the parent shall evaluate the child's
educational progress upon review of the portfolio and discussion with
the parent or child. The teacher shall submit a written evaluation to
the commissioner of education, resident district, superintendent, or
nonpublic school principal;
(b) The child shall take any national student achievement test,
administered by a person who meets the qualifications established by the
provider or publisher of the test. Composite results at or above the
fortieth percentile on such tests shall be deemed reasonable academic
proficiency. Such test results shall be reported to the commissioner of
education, resident district superintendent, or nonpublic school
principal;
(c) The child shall take a state student assessment test used by the
resident district. Composite results at or above the fortieth percentile
on such state test shall be deemed reasonable academic proficiency. Such
test results shall be reported the commissioner of education, the
resident district superintendent, or nonpublic school principal; or
(d) The child shall be evaluated using any other valid measurement tool
mutually agreed upon by the parent and the commissioner of education,
resident district superintendent, or nonpublic school principal. The
results shall be reported by the parent or the testing agency to such
appropriate official.
III. The commissioner of education, resident district
superintendent, or nonpublic school principal shall review the results
of the annual educational evaluation of the child in a home education
program as provided in paragraph II. If the child does not demonstrate
educational progress for age and ability at a level commensurate with
his ability, the commissioner, superintendent, or principal shall notify
the parent, in writing, that such progress had not been achieved. The
parent shall have one year from the date of receipt of the written
notification to provide remedial instruction to the child. At the end of
the one-year probationary period, the child shall be reevaluated in a
manner as provided in this section. Continuation in a home education
program shall be contingent upon the child demonstrating at the end of
the probationary period educational progress commensurate with his age
and ability. The parent of a child who fails to demonstrate such
progress at the end of the probationary period shall be notified by the
commissioner that the parent is entitled to a hearing a provided in RSA
193-A:7, III and IV and that the program will be terminated absent a
finding for continuation pursuant to such hearing. Upon a finding that
the program should be terminated, the child shall be reported by the
commissioner or nonpublic school principal to the appropriate resident
district superintendent, who shall, if necessary, take appropriate
action to ensure that compulsory attendance requirements are met.
193-A:7 Hearing; Notice and Procedure.
I. Prior to the acknowledgment of notification as
provided in RSA 193-A:5, I, if the commissioner has written and
substantiated information which strongly implies that a home education
program will not meet the requirements of RSA 193-A:4, I and RSA
193-A:5, II and that, based on such information, the commissioner
decides to *WITHHOLD ACKNOWLEDGEMENT*, he shall immediately schedule a
due process hearing as provided in paragraph III. In order to be granted
acknowledgment of notification by the commissioner, the parent at such
hearing shall establish, and the hearing officer shall so find, that
both the parent and the home education program will comply with RSA
193-A:4, I and RSA 193-A:5, II.
II. After acknowledgment of notification as provided
in RSA 193-A:5, I, if the commissioner has written and substantiated
information which would justify an order of termination pursuant to
paragraph IV, and based upon said information he intends to seek
termination of such program, he shall request a hearing as provided in
paragraph III.
III. A parent shall be entitled to a due process
hearing pursuant to paragraphs I and II which shall be conducted by an
impartial hearing officer appointed by the commissioner of education.
Notice of such hearing shall be provided within 10 days of the request
for such hearing, shall include a brief summary of the material facts,
and shall be sent to each parent and each instructor of the child known
to the commissioner. The hearing shall occur within 30 days of the date
of such notice. Upon request, the hearing officer shall conduct the
hearing at a location near the site of the home education program.
IV. In order to terminate a program, the hearing
officer shall find at the hearing at least on The following: (a) The
parent has failed to comply with the requirements of this chapter; or
(b) The parent or the home education program has substantially failed to
or cannot provide child with the minimum course of study as required by
RSA 193-A:4, I.
193-A:8 Order; Appeals.
I. Subsequent to a hearing conducted in accordance
with RSA 193-A:7, I or II, the hearing officer shall enter an order
within 10 working days which shall order either the continuance or
termination of the home education program under scrutiny. Such order
shall take effect immediately. A copy shall be given to the appropriate
superintendent of schools, who shall, if necessary, take appropriate
action to ensure that compulsory attendance requirements are met.
II. Following such order, the parent or the
commissioner may appeal the decision of the hearing officer to a court
of competent jurisdiction. Said notice of appeal shall be filed within
30 days of such decision by the hearing officer. Pending appeal, the
home education program shall continue.
193-A:9 Liability Limited. The resident school
district, the board of such district, and any employees of the resident
school district associated with a child who is receiving home education
in accordance with this chapter, are not liable in damages in a civil
action for any injury, death or loss to person or property allegedly
sustained by that child, this parent, or any other person as a result of
the child's receipt of home education, including but not limited to, any
liability allegedly based on the failure of the child to receive a free
appropriate or adequate public education.
193-A:10 Home Education Advisory Council.
I. There is established the home education advisory
council comprising 12 members. Members of the council shall be appointed
by the commissioner of education from persons named as follows:
(a) Six members nominated by home education associations organized
within New Hampshire.
(b) Two members nominated by the department of education.
(c) One member nominated by the New Hampshire School Administrators
Association.
(d) One member nominated by the New Hampshire School Boards Association.
(e) One member nominated by the New Hampshire School Principals
Association.
(f) One member nominated by the nonpublic school advisory council
established by the board of education pursuant to RSA 21-N:9, II(f).
II.The duties of the council and the terms of office
of its members shall be prescribed in accordance with rules proposed by
the commissioner of education and adopted by the state board of
education pursuant to RSA 541-A.
III.The chair of the council shall be elected by the
council members from the home education membership on the council. All
vacancies on the council shall be filled in the same manner as that of
the original appointment.
279:4 Council Administration; First Meeting; Election
of Chair. The commissioner of education shall call the first meeting of
the home education advisory council established pursuant to RSA 193-A:10
as inserted by section 3 of this act within 60 days of the effective
date of this act. The council shall elect a chair as prescribed in RSA
193-A:10, III at such first meeting.
279:5 Repeal. RSA 193:2, relative to duty of
custodian, is repealed.
279:6 Effective Date.
I.Sections 1 and 4 and RSA 193-A:10 as inserted by
section 3 of this act shall take effect July 1, 1990.
II.The remainder of this act shall take effect July 1,
1991.
