For example, why is there is no remedy for repeated "failure to educate?" Is the state going to sit quietly and collect "fines" while the parent "fails" to meet his inequitable task? Certainly not. Thus, the promise that "home education" will never be terminated is rather short sighted. The court will find a suitable remedy under existing statutes, most likely the Child Endangerment statute, which carries criminal sanctions, since this bill precludes any civil remedy under Compulsory Attendance (truancy) or Child Protection (educational neglect).
Any procedural failure, like a failure to "notify", can result in criminal prosecution under this revised amendment.
The yellow highlights mark changes from the original bill.
--------------------------------------------------------------------
HB 301
Bill Draft Amendment – (not final)
HOME EDUCATION
193-A:1 Definitions. In this chapter:
I. “Child” means a child of compulsory attendance age as defined in RSA 193:1 and who is a resident of New Hampshire.
II. “Home education” means education directed by the parent or legal guardian of a child who is of compulsory school age as defined in RSA 193:1 and which may or may not be provided primarily in the home or by the parent.
III. “Literacy and self-sufficiency” means, at a minimum, basic reading, writing, and mathematics skills.
IV. “Nonpublic school” means any approved nonpublic school that has agreed to administer the relevant provisions of this chapter.
V. “Parent” means a parent, legal guardian, or other person having legal custody of a child.
VI. “Participating agent” means the superintendent of the resident school district or the principal of a nonpublic school.
VII. “Resident school district” means the school district in which the child resides.
193-A:2 Rights and Duties of Parents. It is the natural and fundamental right and duty of parents to direct the education of their children such that they become literate and self-sufficient commensurate with their age or ability.
193-A:3 Notification and Other Procedural Requirements.
I. A parent may elect not to send a child to a public or nonpublic school in order that such parent may personally direct the child’s education. Such parent shall notify a participating agent of his or her decision to personally direct the child’s education in accordance with this section.
II. A parent shall submit written notification to the participating agent within 14 days of the date the child is withdrawn from a public or nonpublic school, or moves into the resident school district, or reaches compulsory attendance age pursuant to RSA 193:1. Notification shall include the name, address, and age of each child whose education is being personally directed by the parent pursuant to this chapter. No further notification shall be required unless home education is terminated for any period of time and subsequently resumed.
III. The parent shall notify the participating agent within 14 days if such child is no longer receiving home education pursuant to this chapter. If home education under this chapter is resumed, the parent shall submit written notice of the resumption of home education to the participating agent.
IV. The participating agent receiving notification under this section shall provide written acknowledgment of the notification within 14 days of receipt of the notification.
193-A:4 Privacy. Records or information maintained by the participating agent or any other state agent under this chapter shall not be public records pursuant to RSA 91-A and shall not be released to any person or agency without the express written consent of the parent or legal guardian.
193-A:5 Due Process.
I. The superior court of the county in which the child resides shall have jurisdiction for an action relating to the failure of a parent or legal guardian to educate a child pursuant to this chapter.
II. Failure to provide home education as required under this chapter shall not constitute abuse or neglect as defined in RSA 169-C. A parent may not be prosecuted for a violation under this chapter unless probable cause exists to show a parent is knowingly violating a requirement under this chapter. Prior to prosecution under this chapter notice and an opportunity to cure any alleged violation shall be provided.
III. It shall be an affirmative defense to any state action alleging a violation failure to provide an education under this chapter or any other allegation relating to the education of a child if the evidence demonstrates that a child is progressing towards literacy and self-sufficiency commensurate with the child’s age or ability.
IV. No parent shall be found guilty of a violation under this chapter prosecuted for failing to provide home education to a child if any of the following circumstances exist:
(a) Composite results from an age- or ability-appropriate, nationally normed standardized academic achievement or aptitude test showing the child at or above the fifteenth percentile. An appropriate test shall include a test that is within a 2-year grade range of the child when compared to public school students of the same age.
(b) A letter from a credentialed teacher stating that the child is making progress towards literacy and self-sufficiency commensurate with the child’s age or ability. The letter shall include a brief statement of facts on which the teacher relied in making the determination.
(c) Educational materials showing that the child is progressing towards literacy and self-sufficiency commensurate with the child’s age or ability.
(d) Other relevant evidence showing that the child is progressing towards literacy and self-sufficiency commensurate with the child’s age or ability.
3 New Paragraph; Endangering the Welfare of a Child or Incompetent. Amend RSA 639:3 by inserting after paragraph I the following new paragraph:
I-a. A person is guilty of endangering the welfare of a child or incompetent if the person is engaged in providing home education to a child as defined in RSA 193-A and purposely fails to provide such education for the child.
4 Endangering the Welfare of a Child or Incompetent. Amend RSA 639:3, V to read as follows:
V. A person who endangers the welfare of a child or incompetent by violating paragraph III of this section is guilty of a class B felony. A person who endangers the welfare of a child or incompetent by violating paragraph I-a of this section is guilty of a violation for the first offense and a class B misdemeanor for a second or subsequent offense. All other violations of this section are misdemeanors.
5 Child Protection Act; Definitions. Amend RSA 169-C:3, XIX(b) to read as follows:
(b) Who is without proper parental care or control, subsistence, [education as required by law] or other care or control necessary for his or her physical, mental, or emotional health, when it is established that his or her health has suffered or is very likely to suffer serious impairment; and the deprivation is not due primarily to the lack of financial means of the parents, guardian, or custodian, and provided that a child who is deemed habitually truant as defined in RSA 189:35-a may, in the presence of other relevant factors, be considered to be without proper parental control; or
6 Cooperative School Districts; Costs of Capital Outlay. Amend RSA 195:7, II to read as follows:
II. Home education pupils who do not receive services from the cooperative school district[, except an evaluation pursuant to RSA 193-A:6, II,] shall not be included in the average daily membership relative to apportionment formulas.
7 Cooperative School Districts; Procedure for Formation. Amend RSA 195:18, III(e) to read as follows:
(e) The method of apportioning the operating expenses of the cooperative school district among the several preexisting districts and the time and manner of payment of such shares. Home education pupils who do not receive services from the cooperative school district[, except an evaluation pursuant to RSA 193-A:6, II] shall not be included in the average daily membership relative to apportionment formulas.
8 Cooperative School Districts; Procedure for Formation. Amend RSA 195:18, III(g) to read as follows:
(g) The method of apportioning the capital expenses of the cooperative school district among the several preexisting districts, which need not be the same as the method for apportioning operating expenses, and the time and manner of payment of such shares. Capital expenses shall include the costs of acquiring land and buildings for school purposes, including property owned by a preexisting district; the construction, furnishing, and equipping of school buildings and facilities; and the payment of the principal and interest of any indebtedness which is incurred to pay for the same or which is assumed by the cooperative school district. Home education pupils who do not receive services from the cooperative school district[, except an evaluation pursuant to RSA 193-A:6, II,] shall not be included in the average daily membership relative to apportionment formulas.
9 Compulsory School Attendance. Amend RSA 193:1, I(f)(2) to read as follows:
(2) Documenting the completion of a home school program at the high school level by submitting a certificate or letter to the [department of education] participating agent as defined in RSA 193-A:1, VI;
10 Effective Date. This act shall take effect upon its passage.
