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 |
| 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 |
