Historical Timeline of Home Education in N.H.

In 1871 parents, who instructed their children at home, were completely exempt from the compulsory attendance law which required attendance for 12 weeks per year from age 8 to 14. The duty of parents to instruct their children pre-dates government. Over time this explicit exemption from the compulsory attendance law was dropped from statute without explanation.

Prior to the 1990 home education law, home schooling parents were required to appeal to their district school boards for relief under RSA 193:3 by demonstrating that attendance at public school would pose a “manifest educational hardship” for their child. The Department of Education eventually developed guidelines for home schooling under this “manifest educational hardship” clause. These guidelines, while problematic, lacked any statutory authority whatsoever. They were guidance or suggestions for the school districts to heed or ignore.

Enforcement under these guidelines varied dramatically across the state. Families besieged by one district could move to a nearby town and home school in peace. One such family moved from Litchfield to escape litigation and continued to home school in Mont Vernon without further incident.

This particular case roused the concern of a Litchfield school board member and state Representative Ellen Anne Robinson who filed a bill to impose statewide regulation upon parents to insure greater compliance. The bill’s co-sponsor, Senator George Disnard boasted to his colleagues that the state could “finally litigate and win against home schoolers" with his bill.

Chaptered Law: 0279

SB 373-FN-A Session Year 1990 Senator George Disnard and Rep. EllenAnne Robinson

Established Home Education Law RSA 193-A

Title: (New Title) relative to compulsory school attendance and to home education.

G-Status:	SIGNED BY GOVERNOR
House Status:	PASSED / ADOPTED WITH AMENDMENT
Senate Status:	CONCURRED

Date	Body	Description
01/03/1990	S	INTRODUCED AND REF TO EDUCATION SJ 1 , P 4
01/03/1990	S	HEARING 1/16/90 9:00 RM 209,LOB FOR: EDUCATION [Representatives Hall]
01/11/1990	S	RECESSED HEARING 1/30/90 9:00 RM 209,LOB FOR: EDUCATION
02/08/1990	S	COMMITTEE REPORT OTPA SJ 8 P 107
02/08/1990	S	PASSED/ADOPTED WITH AM
02/14/1990	H	INTRODUCED AND REF TO EDUCATION; HJ39,P1253
02/14/1990	H	IN SEAT POCKET ON 02/14/90 DUE ON 03/22/90
02/15/1990	H	==CANCELLED==HEARING MAR14 10:00 RM202,LOB FOR: EDUCATION
02/21/1990	H	RESCHEDULED HEARING MAR15 10:00 RM202-204,LOB FOR: EDUCATION [Representatives Hall]
03/15/1990	H	SUBCOMM WORK SESSION MAR21 10:00 RM202,LOB FOR: EDUC
03/22/1990	H	MAJ REPORT OTP/AM FOR MAR27 (VOTE 14-0;CC)
03/26/1990	H	PROP COMM AM; HC45,P1434-1435
03/27/1990	H	REMOVED FROM CC, REQ REP SKINNER; HJ49,P1512
03/27/1990	H	COMM AM, AA VV; PASSED WITH AM AND
03/27/1990	H	REF TO APPROP DIV(301-27); HJ49,P1536-1537
03/27/1990	H	REP KIDDER SUSP RULES FOR HEARING, MA 2/3VV; HJ49,P1541
03/27/1990	H	HEARING MAR29 11:00 RM100,SH FOR: APPROPRIATIONS
04/05/1990	H	MAJ REPORT OTP FOR APR10 (VOTE 18-2)
04/10/1990	H	PASSED VV; HJ60,P1719 + 1725
04/12/1990	S	SENATE CONC WITH HOUSE AM
04/19/1990	H	ENROLLED; HJ65,P1829
04/19/1990	S	ENROLLED
04/28/1990	S	SIGNED BY GOVERNOR 4/28/90 EFF: 7/1/90* CHAP. 0279

Analysis of RSA 193-A Home Education Law

On February 9, 2010 the House Education Sub-committee acknowledged that the home education statute, RSA 193-A (printed below), stands in "direct conflict" with the constitutional language found in HB 1580:

"It is the natural, fundamental right of parents to determine and direct the education of their children."

The sub-committee acknowledged that this constitutional language was confirmed in several US Supreme Court rulings, yet House counsel advised them that it would be "inappropriate" to insert this valid constitutional language into statute. It would create problems for settled law, specifically RSA 193-A.

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Mere compliance with this home education law results in a loss of parental rights. The only way to prevent a loss of parental rights is to refuse to comply. In 1993 parents who could not in good conscience comply with this unconstitutional law meet with Governor Steve Merrill and he agreed. For twenty years the state has been unwilling to prosecute good parents who refuse to comply with this law.

Mere compliance with this home education law results in inequitable treatment and a loss of due process.

Have you ever heard of public school children who did not meet or exceed the 40th percentile on a standardized test being held back for remedial instruction? In one school district in N.H. the entire town tested below the 15th percentile with no penalty. Neither the children nor their teachers were placed on probation for a year. The children were never threatened with transfer to another school.

Home educators must exceed the 40th percentile or be placed on probation. If the child does not improve in one year's time, the child is removed from the home education program. The program is terminated. Why are home educators be more accountable than the public schools? Why should the state set home educator's standard higher than theirs? Why should they be able to threaten removal of our children from our homes while suffering no penalty for their failures?

N.H. home education law is untenable: parents can not in good conscience comply.

TITLE XV
EDUCATION

CHAPTER 193-A
HOME EDUCATION

Section 193-A:1

193-A:1 Definitions. – In this chapter:
I. ""Child'' means a child or children at least 6 years of age and under 18 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.

Source. 1990, 279:3. 2007, 242:4, eff. July 1, 2009.

Section 193-A:2

193-A:2 Program Established. – There is established the home education program to be administered by the department of education.

Source. 1990, 279:3, eff. July 1, 1991.

Section 193-A:3

193-A:3 Rulemaking. – The state board of education shall adopt rules, pursuant to RSA 541-A, relative to administering the home education program.

Source. 1990, 279:3, eff. July 1, 1991.

Section 193-A:4

193-A:4 Home Education; Defined. –

I. Instruction shall be deemed home education if it consists of 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.

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.

Source. 1990, 279:3. 2006, 13:1, eff. May 12, 2006.

Section 193-A:5

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.

(a) 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 the department of education, resident district superintendent, or principal of a nonpublic school of such within 5 business days of commencing the program.

(b) A parent planning to continue a home education program shall notify the commissioner of education, resident district superintendent, or principal of a nonpublic school by the first school day according to the school calendar in the child's resident school district.

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.

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, the commissioner of education, resident district superintendent, or nonpublic school principal shall acknowledge receipt of notification within 14 days of such receipt.

Source. 1990, 279:3. 1996, 222:1. 2006, 13:2, 3, eff. May 12, 2006. 2008, 344:1, eff. July 7, 2008.

Section 193-A:6

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 one of 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 to 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 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, 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.

Source. 1990, 279:3. 2006, 13:4, eff. May 12, 2006.

Section 193-A:7

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.

Source. 1990, 279:3. 2006, 13:5, eff. May 12, 2006.

Section 193-A:8

193-A:8 Order; Appeals. –
I. Subsequent to a hearing conducted in accordance with RSA 193-A:7, 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.

Source. 1990, 279:3. 2006, 13:6, eff. May 12, 2006.

Section 193-A:9

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, his 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.

Source. 1990, 279:3, eff. July 1, 1991.

Section 193-A:10

193-A:10 Home Education Advisory Council. –
I. There is established the home education advisory council which shall consist of the following members:

(a) Two members of the house of representatives from the house education committee, appointed by the speaker of the house of representatives.

(b) One member of the senate from the senate education committee, appointed by the president of the senate.

(c) The following individuals who shall be appointed by the commissioner of the department of education from persons named as follows:

(1) Six members nominated by home educator associations organized within New Hampshire.
(2) Two members nominated by the commissioner of the department of education, or designee.
(3) One member nominated by the New Hampshire School Administrators Association.
(4) One member nominated by the New Hampshire School Boards Association.
(5) One member nominated by the New Hampshire Association of School Principals.
(6) One member nominated by the nonpublic school advisory council established by the state board of education pursuant to RSA 21-N:9, II(f).

II. The duties of the council and the terms of office of the members appointed under subparagraph I(c) 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. Legislative members of the council shall serve a term which is coterminous with their elected office.

III. The chair of the council shall be elected by the council members from the home educator membership on the council appointed under subparagraph I(c). All vacancies on the council shall be filled in the same manner as that of the original appointment.

IV. Legislative members of the council shall receive mileage at the legislative rate when attending to the duties of the council.

Source. 1990, 279:3, eff. July 1, 1990. 2008, 344:2, eff. July 7, 2008.

Restoring the Rights of Parents in the Wake of RSA 193-A

CACR 8 Session Year 1991 Rep. Bob Ouellette and Finlay Rothhaus

Amendment to protect a parent’s right to conscientious opposition to any school

Title: relating to conscientious objection to the method and content of education, providing that no person shall be compelled to send any child for whom such person is legally responsible to any school to which such person may be conscientiously opposed.

G-Status:	HOUSE
House Status:	INEXPEDIENT TO LEGISLATE (6-5); RC(277-54)

HB 1470 –FN-L Session Year 1992 Rep. Donnalee Lozeau

Equal treatment: Asking that home schools meet same statutory requirements as private schools.

Title: relative to education of children.

G-Status:	HOUSE
House Status:	INEXPEDIENT TO LEGISLATE (19-0)

HB 657-FN-L Session Year 1993 Rep. Finlay Rothhaus

Equal treatment: Asking that home schools meet same statutory requirements as private schools.

Title: repealing the home education laws allowing the state board to

adopt rules relative to home education, and making certain other changes relative to education.

G-Status:	HOUSE
House Status:	INEXPEDIENT TO LEGISLATE (15-0)

SB 737 -FN-L Session Year 1994 Senator David Wheeler

Equal Treatment: Asking that home schools meet same statutory requirements as private schools.

Title: authorizing the state board of education to adopt rules relative to private education programs and making private educators subject to certain education laws.

G-Status:	SENATE
Senate Status:	INEXPEDIENT TO LEGISLATE

CACR 37 Session Year 1996 Senator David Wheeler

Amendment to protect a parent's right to conscientious opposition to any school

Title: relating to protecting the rights of parents to direct the upbringing and education of their children, providing that parents shall not be compelled to raise or educate their child in any manner to which they are conscientiously opposed.

G-Status:	SENATE
Senate Status:	INEXPEDIENT TO LEGISLATE (5-2)

Chaptered Law: 0222

HB1203-L Session Year 1996

Deleted the August 1 notification deadline, added gender-neutral language, removed home-schooled pupils not participating in public school programs from the apportionment formulae.

Title: (New Title) excluding pupils in home education programs from average daily membership in cooperative school district apportionment formulas, and deleting the date for notification for home education.

G-Status:	SIGNED BY GOVERNOR
House Status:	CONCURRED
Senate Status:	PASSED / ADOPTED WITH AMENDMENT

HB 317 Session Year 1997

Addressed compulsory attendance for students over 16

Title: clarifying certain provisions of law relating to compulsory attendance for home education pupils and relative to dual enrollment provisions.

G-Status:	HOUSE
House Status:	INEXPEDIENT TO LEGISLATE

HB 708 Session Year 2001

Set Compulsory attendance from 6-18, addressed access to public schools.

Title: relative to the definition of "child" for the purposes of home education and relative to access to public s school programs by home educated pupils.

G-Status:	HOUSE
House Status:	INEXPEDIENT TO LEGISLATE

Chaptered Law: 0013

HB 406 Session Year 2006 Rep. Marshall Quandt and Rep. Matthew Quandt

Eliminated curriculum approvals

Title: revising certain provisions of the home education statutes.

G-Status:	SIGNED BY GOVERNOR
House Status:	PASSED / ADOPTED WITH AMENDMENT
Senate Status:	PASSED / ADOPTED

HB 131 Session Year 2007 Rep. Kimberley Casey

At the request of the DOE, Remove Commissioner of Education from RSA 193-A.

Title: revising the role of the commissioner of the department of education in the approval of home education programs.

G-Status:	HOUSE
House Status:	INEXPEDIENT TO LEGISLATE

Chaptered Law: 0344

SB 337 Session Year 2008

Changed notification timespan, added legislators to the HEAC, set up a Study Commission.

Title: (New Title) relative to notification requirements for home education programs, adding legislative members to the Home education advisory council, and establishing a commission to examine New Hampshire’s home education statutes.

G-Status:	SIGNED BY GOVERNOR
House Status:	PASSED / ADOPTED WITH AMENDMENT
Senate Status:	CONCURRED

HB 367 Session Year 2009 Rep. Judith Day

Added many restrictions to evaluation procedures.

Title: relative to procedures for evaluation of home schooled students.

G-Status:	HOUSE
House Status:	INEXPEDIENT TO LEGISLATE

HB 368 Session Year 2010 Rep. Judith Day

Required a written statement from parents regarding the instruction of required subjects;

Resulted in another Study Committee

Title: relative to annual goals in a home education program.

G-Status:	HOUSE
House Status:	INEXPEDIENT TO LEGISLATE

HB 1580 Session Year 2010 Rep. Paul Ingbretson

Recognizes a parent’s natural right and duties regarding the instruction of required subjects.

Title: relative to home schooling.

G-Status:	HOUSE
House Status:	REPORT FILED

Date	Body	Description
12/10/2009	H	Introduced 1/6/2010 and Referred to Education; HJ 6, PG.245
01/05/2010	H	Public Hearing: 1/21/2010 1:00 PM LOB 205-207
01/28/2010	H	==CANCELLED== Executive Session: 2/2/2010 10:00 AM LOB 207
02/02/2010	H	Subcommittee Work Session: 2/9/2010 12:30 PM LOB 207
02/02/2010	H	Executive Session: 2/16/2010 10:00 AM LOB 207
02/16/2010	H	Majority Committee Report: Inexpedient to Legislate for Mar RC (Vote 12-7)
02/16/2010 03/10/2010 03/11/2010 03/17/2010 03/18/2010	H H H H H	Minority Committee Report: Ought to Pass Special Order to Regular Place on Mar 11 Calendar, Without Objection; HJ 23, PG.1294 Special Order to Beginning of Mar 17 Calendar, WIthout Objection; HJ 24; PG.1349 Inexpedient to Legislatre; MA RC 175-144; HJ 26, PG.1376-1378 Reconsideration (Rep Emerson); MF DIV 74-174; HJ, PG.1439