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State Laws and Regulations - New Hampshire
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Welcome to homeschooling in New Hampshire! We encourage you to discuss the laws and regulations regarding home education with other homeschoolers who live in your state, and especially with those who are knowledgeable about the homeschooling climate in your local community.
Homeschooling laws and regulations vary from state to state; there is no federal authority for all laws and regulations which can affect homeschooling.
Each parent who chooses to homeschool their children in New Hampshire takes on a responsibility to familiarize themselves with the specific laws and regulations which affect homeschooling families in their state.
There are many good resources for help, beginning with the homeschool support groups, organizations, listservs, websites and helpful individuals. To find out more visit the Support Groups section of this web site.
Please Note: This is not intended to be legal advice and is distributed for informational purposes only. For more information about the laws and regulations in this state please contact a state or local support group.
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New
Hampshire General Court
CHAPTER
13
HB
406 - FINAL VERSION
30Mar2005 0792h
22Feb2006 0628eba
2006 SESSION
05-0611
04/01
HOUSE BILL 406
AN ACT revising certain
provisions of the home education statutes.
SPONSORS: Rep. Marshall
Quandt, Rock 13; Rep. Matthew Quandt, Rock 13
COMMITTEE: Education
ANALYSIS
This bill revises the
oversight authority of the commissioner of the department
of education relative to home education programs. The
bill also revises certain curriculum, notice, and procedural
provisions which apply to home education programs.
Explanation: Matter
added to current law appears in bold italics.
Matter removed from
current law appears [in brackets and struckthrough.]
Matter which is either
(a) all new or (b) repealed and reenacted appears in
regular type.
30Mar2005? 0792h
22Feb2006? 0628eba
05-0611
04/01
STATE
OF NEW HAMPSHIRE
In
the Year of Our Lord Two Thousand Six
AN ACT revising certain
provisions of the home education statutes.
Be it
Enacted by the Senate and House of Representatives in
General Court convened:
13:1 Home Education;
Curriculum. Amend the section heading to RSA 193-A:4
and RSA 193-A:4, I to read as
follows:
193-A:4 Home Education;
Defined[; Curriculum Required].
I. Instruction shall
be deemed home education if it consists of [planned
and supervised instructional and related educational
activities, including a curriculum and] instruction
in science, mathematics, language, government, history,
health, reading, writing, spelling, 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 as otherwise agreed
upon by the appropriate parties named in paragraph II.
13:2 Home Education;
Notification and Other Procedural Requirements. Amend
RSA 193-A:5, I-II to read as follows:
I. Any parent commencing
a home education program for a child, for a child who
withdraws from a public school, or for a child who moves
into a school district shall notify the commissioner
of education, resident district superintendent, or principal
of a nonpublic school of such within 30 days. [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 paragraph
II of this section.]
II. Notification made
by the parent pursuant to paragraph I shall include
a list of the names, addresses, and birth dates 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].
13:3 Home Education;
Notification and Other Procedural Requirements. Amend
RSA 193-A:5, IV to read as follows:
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] 14
days of such receipt.
13:4 Home Education;
Records. Amend RSA 193-A:6, III to read as follows:
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 has 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
as provided in RSA 193-A:7, [III and IV]
I and II 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.
13:5 Home Education;
Hearing; Notice and Procedure. RSA 193-A:7 is repealed
and reenacted to read as follows:
193-A:7 Hearing, Notice,
and Procedure.
I. A parent shall be
entitled to a due process hearing 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.
II. In order to terminate
a program, the hearing officer shall find at the hearing
at least one of 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 a child with the minimum course of study
as required by RSA 193-A:4, I.
13:6 Home Education;
Order; Appeals. Amend RSA 193-A:8, I to read as follows:
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.
13:7 Effective Date.
This act shall take effect 60 days after its passage.
Approved: March 13,
2006
Effective: May 12,
2006
From New
Hampshire Home Education Coalition providing the information New Hampshire
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