1. The people of New Hampshire have ceded authority to their State legislature to regulate education under Art. 3, Part I of the NH Constitution understanding the importance of a well-educated populace.
(a.) However, they have not ceded to the legislature their fundamental rights under their Constitution. Any regulations adopted by this legislature must be consistent with and respectful of these Constitutional principles.
(b.) Any law adopted that is repugnant to the Constitution, state or federal, is null and void. That is a fundamental tenet of our jurisprudence.
2. All persons must be afforded fundamental Constitutional rights to due process:
(a.) All persons are presumed innocent until proven guilty;
(b.) No persons, including children, may be searched or seized without probable cause;
(c.) All persons have the right not to incriminate themselves.
3. The State may adopt laws to regulate education that serve to protect children, keeping in mind that a parent’s right to instruct his child is fundamental.
(a.) The State may interfere with fundamental rights of parents only when it has a compelling interest, upon probable cause to believe that a parent is neglecting or abusing his child in whatever manner, educational or otherwise.
(b.) If there is probable cause to believe that a parent is neglecting or abusing a child, the State may investigate to determine if there is sufficient evidence to prosecute the parent, and then may prosecute him in accordance with Constitutional provisions for due process and a fair trial, during which the parent is considered innocent until proven guilty.
(c.) The State may not compel any parent to submit evidence to the State to prove his innocence; nor may the State presume such parent to be guilty of not educating his child based upon a failure to submit such evidence.
(d.) Laws adopted to regulate education must be consistent and respectful of the equal protection provisions of the U.S. and N.H. Constitutions.
4. If a parent chooses to instruct his children at home, he must be mindful to raise his child in a lawful and honest field of employment so that child will not become a burden to the state. The state may enumerate to parents the academic fields of study that are required to fulfill this important parental obligation.
