Amendment to HB 595
Amend the bill by replacing it in its entirety with the following:
AN ACT amending the compulsory school attendance statutes to permit parent-directed instruction programs and repealing the home education statutes.
SPONSORS: Rep. L. Jones, Straf 1; Rep. Manuse, Rock 5; Rep. Cohn, Merr 6; Rep. Baldasaro, Rock 3; Rep. C. Vita, Straf 3; Rep. Accornero, Belk 4; Rep. Avard, Hills 20; Rep. S. Palmer, Hills 6; Rep. Simpson, Belk 1; Sen. White, Dist 9; Sen. Forsythe, Dist 4; Sen. Luther, Dist 12
COMMITTEE: Education
ANALYSIS
This bill:
I. Repeals the home education statute.
II. Permits parent-directed instruction programs.
III. Asserts that it is the natural right of a parent to determine and direct the instruction of his or her child and limits the involvement of the state in parent-directed instruction programs only to cases in which there is probable cause to believe that a parent is not instructing his or her child.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0755
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT amending the compulsory school attendance statutes to permit parent-directed instruction programs and repealing the home education statutes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. It is the natural right and duty of parents to determine and direct the instruction of their children for their education. The general court acknowledges that the primary and natural instructors of a child are his or her parents, and the general court guarantees the right and duty of parents to provide for the instruction of their children. Parents shall be free to provide this instruction in the manner and at the location of their choosing, including in their homes or in private schools or in schools recognized or established by their resident school district or by the state or in other places where instruction can be given.
2 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 physical, mental, or emotional health, when it is established that his 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; or
3 Truant Officers; Duties. Amend RSA 189:36, I to read as follows:
I. Truant officers shall, when directed by the school board, enforce the laws and regulations relating to truants and children between the ages of 6 and 18 years not attending school or who are not participating in an alternative learning plan under RSA 193:1, I[(h)] (b)(8); and the laws relating to the attendance at school of children between the ages of 6 and 18 years; and shall have authority without a warrant to take and place in school any children found employed contrary to the laws relating to the employment of children, or violating the laws relating to the compulsory attendance at school of children under the age of 18 years, and the laws relating to child labor. No [home school pupil] child in a parent-directed instruction program nor any person between the ages of 6 and 18 who meets any of the requirements of RSA 193:1, I[(c)-(h)] (b)(2)-(8) shall be deemed a truant.
4 School Attendance; Duty of Parents. Amend the section heading of RSA 193:1 and RSA 193:1, I to read as follows:
193:1 Rights and Duties of [Parent] Parents; Compulsory Attendance by Pupil.
I. It is the natural right of parents to determine and direct the instruction of their children. A parent of any child at least 6 years of age and under 18 years of age:
(a) Shall instruct such child or cause such child to be instructed as determined by the parent; or
(b) Shall cause such child to attend the public school to which the child is assigned in the child’s resident district. Such child shall attend the public school to which the child is assigned full time when such school is in session unless:
(1) The child is receiving parent-directed instruction and is therefore exempt from this requirement;
(A) Notification (optional). A parent may notify the superintendent of his or her resident school district or the principal of a nonpublic school of his or her decision to involve his or her child in a parent-directed instruction program pursuant to this section. Such notification shall not be required of a parent, and failure to send such notification shall not be considered probable cause under RSA 193:1(I-a).
(B) A parent who chooses to notify the superintendent of the resident school district or the principle of a nonpublic school under RSA 193:1(I)(b)(1)(A) may submit such notification 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 this section. Notification may include the name, address, and age of each child whose education is being personally directed by the parent pursuant to this chapter. A parent may also send such notification if he or she ends a parent-directed instruction program for any period of time and then subsequently resumes such a program. A parent may choose to enroll a child previously involved in a parent-directed instruction program in a public or private school at any time that any other child may be enrolled.
(C) The superintendent of the resident school district or the principle of a nonpublic school receiving notification pursuant to RSA 193:1(I)(b)(1)(A) and to RSA 193:1(I)(b)(1)(B) shall provide written acknowledgment of the notification within 14 days of receipt of the notification.
(D) Privacy. Records or information maintained by the superintendent of the resident school district or the principal of a nonpublic school 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.
[(a)] (2) The child is attending a New Hampshire public school outside the district to which the child is assigned or an approved New Hampshire private school for the same time;
[(b) The child is receiving home education pursuant to RSA 193-A and is therefore exempt from this requirement;
(c)] (3) The relevant school district superintendent has excused a child from attendance because the child is physically or mentally unable to attend school, or has been temporarily excused upon the request of the parent for purposes agreed upon by the school authorities and the parent. Such excused absences shall not be permitted if they cause a serious adverse effect upon the student’s educational progress. Students excused for such temporary absences may be claimed as full-time pupils for purposes of calculating state aid under RSA 186-C:18 and adequate education grants under RSA 198:41;
[(d)] (4) The child is attending a public or private school located in another state which has been approved by the state education agency of the state in which the school is located;
[(e)] (5) The pupil has been exempted from attendance pursuant to RSA 193:5;
[(f)] (6) The pupil has successfully completed all requirements for graduation and the school district is prepared to issue a diploma or the pupil has successfully achieved the equivalent of a high school diploma by [either:
(1)] obtaining a GED certificate[; or
(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];
[(g)] (7) The pupil has been accepted into an accredited postsecondary education program; or
[(h)] (8) The pupil obtains a waiver from the superintendent, which shall only be granted upon proof that the pupil is 16 years of age or older and has an alternative learning plan for obtaining either a high school diploma or its equivalent.
[(1)] (A) Alternative learning plans shall include age-appropriate academic rigor and the flexibility to incorporate the pupil’s interests and manner of learning. These plans may include, but are not limited to, such components or combination of components of extended learning opportunities as independent study, private instruction, performing groups, internships, community service, apprenticeships, and on-line courses.
[(2)] (B) Alternative learning plans shall be developed, and amended if necessary, in consultation with the pupil, a school guidance counselor, the school principal and at least one parent or guardian of the pupil, and submitted to the school district superintendent for approval.
[(3)] (C) If the superintendent does not approve the alternative learning plan, the parent or guardian of the pupil may appeal such decision to the local school board. A parent or guardian may appeal the decision of the local school board to the state board of education consistent with the provisions of RSA 21-N:11, III.
5 Compulsory School Attendance; Definitions. Amend RSA 193:1, III to read as follows:
III. In this section[,]:
(a) “Child” means a child or children of compulsory attendance age who is a resident of New Hampshire.
(b) “Parent” means a parent, guardian, or person having legal custody of a child.
(c) “Parent-directed instruction” means instruction determined and directed by the parent or guardian of a child who is of compulsory school age. Such instruction may also be referred to as “homeschooling.”
6 New Paragraph; School Attendance; Limitations on State, County and Municipal Action. Amend RSA 193:1 by inserting after paragraph 1 the following new paragraph:
I-a. Under no circumstances shall the neglect provisions of RSA 169-C and RSA 169-D apply to a parent involved in parent-directed instruction. Instead, only the following civil procedure shall apply to a parent involved in parent-directed instruction:
(a) Original jurisdiction of any action brought against a parent engaged in parent-directed instruction pursuant to this chapter shall be in the Superior Court in the county of the parent's residence.
(b) The state, a county or any local jurisdiction shall not interfere with the natural right of a parent to instruct his or her child unless the acting jurisdiction has probable cause to believe that a parent involved in a parent-directed instruction program has failed to instruct or cause the child to be instructed.
(c) If there is probable cause to believe that a parent involved in a parent-directed instruction program has failed to instruct or cause the child to be instructed, a local jurisdiction may investigate, after prior notice to the parent, to determine if there is sufficient evidence to proceed against the parent. The Division of Children, Youth and Family Services shall not investigate any case of failure to instruct or cause the child to be instructed. No other state agency shall investigate any case of failure to instruct or cause the child to be instructed. Not more than one jurisdiction shall ever investigate a case of failure to instruct or cause the child to be instructed.
(d) A local jurisdiction shall only proceed against a parent in accordance with the Constitutional provisions for due process and a fair trial, during which the parent shall retain the presumption of innocence.
(e) A local jurisdiction shall not compel a parent to submit evidence to prove his or her innocence, nor shall the local jurisdiction presume such parent has failed to instruct or cause the child to be instructed based on the parent's failure to submit such evidence.
(f) In any action relating to a parent involved in a parent-directed instruction program, no finding or opinion that a parent has failed to instruct or cause the child to be instructed shall issue except upon evidence proven beyond a reasonable doubt.
(g) A parent involved in a parent-directed instruction program who has failed to instruct or cause the child to be instructed may be found guilty only of a civil violation. Under no circumstances shall the state, a county, a local jurisdiction, or any other government official, including but not limited to a court, remove a child from a parent's custody based on an allegation or finding of failure to instruct or cause the child to be instructed or for any other allegation or finding pertaining to a parent-directed instruction program. Only after the procedure in this section has been followed, and a court has found by evidence proven beyond a reasonable doubt, in three separate court proceedings, that a parent has failed to instruct the child or failed to cause the child to be instructed, may the court, as of the third court proceeding, order the child to be returned to a public or nonpublic school, as shall be determined by the parent.
(h) No state agency or local jurisdiction shall have authority to write or enforce rules relative to parent-directed instruction programs.
7 School Attendance; Access to Public School Programs. Amend RSA 193:1-c to read as follows:
193:1-c Access to Public School Programs by Pupils in Nonpublic or [Home Educated Pupils] Parent-Directed Instruction Programs.
I. Pupils in nonpublic or [home educated pupils] parent-directed instruction programs shall have access to curricular courses and cocurricular programs offered by the school district in which the pupil resides. The local school board may adopt a policy regulating participation in curricular courses and cocurricular programs, provided that such policy shall not be more restrictive for [non-public or home educated pupils] pupils in a nonpublic or parent-directed instruction program than the policy governing the school district’s resident pupils. In this section, “cocurricular” shall include those activities which are designed to supplement and enrich regular academic programs of study, provide opportunities for social development, and encourage participation in clubs, athletics, performing groups, and service to school and community. For purposes of allowing access as described in this section, a [“home educated pupil”] pupil in a parent-directed instruction program shall not include any pupil who has graduated from a high school level program [of home education,] or its equivalent, or has attained the age of 21.
II. Nothing in this section shall be construed to require a parent to establish a [home education] parent-directed instruction program which exceeds the provisions of RSA 193:1.
8 School Attendance; Bylaws as to Nonattendance. Amend RSA 193:16 to read as follows:
193:16 Bylaws as to Nonattendance. Districts may make bylaws, not repugnant to law, concerning habitual truants and children between the ages of 6 and 18 years not attending school or who are not participating in an alternative learning plan under RSA 193:1, I[(h)] (b)(8), and to compel the attendance of such children at school; failure to comply with such bylaws shall constitute a violation for each offense.
9 Legislative Youth Advisory Council; Membership. Amend RSA 19-K:2, I-IV to read as follows:
I. The president of the senate shall appoint the following 7 members:
(a) Three youths who are students in secondary schools, who are [home school] students in a parent-directed instruction program as provided in RSA 193:1, I, or who are enrolled in programs that lead to a secondary school diploma, certificate of attendance, or general equivalency diploma.
(b) Three youths who are residents of this state and who are students at postsecondary education institutions located in the state.
(c) One member of the senate.
II. The speaker of the house of representatives shall appoint the following 8 members:
(a) Four youths who are students in secondary schools, who are [home school] students in a parent-directed instruction program as provided in RSA 193:1, I, or who are enrolled in programs that lead to a secondary school diploma, certificate of attendance, or general equivalency diploma.
(b) Three youths who are residents of this state and who are students at postsecondary education institutions located in the state.
(c) One member of the house of representatives.
III. The governor shall appoint the following 3 members:
(a) Two youths who are students in secondary schools, who are [home school] students in a parent-directed instruction program as provided in RSA 193:1, I, or who are enrolled in programs that lead to a secondary school diploma, certificate of attendance, or general equivalency diploma.
(b) One youth who is a resident of this state and who is a student at a postsecondary education institution located in the state.
IV. The secretary of state shall appoint the following 3 members:
(a) Two youths who are students in secondary schools, who are [home school] students in a parent-directed instruction program as provided in RSA 193:1, I, or who are enrolled in programs that lead to a secondary school diploma, certificate of attendance, or general equivalency diploma.
(b) One youth who is a resident of this state and who is a student at a postsecondary education institution located in the state.
10 Special Education; Advisory Committee. Amend RSA 186-C:3-b, II(p) to read as follows:
(p) One individual representing children with disabilities who are [home-schooled] in a parent-directed instruction program as specified in RSA 193:1, I, appointed by the governor.
11 Granite State Scholars Program; Scholar Designation. Amend RSA 188-D:39, II to read as follows:
II. The state board of education shall adopt rules, pursuant to RSA 541-A, relative to establishing the granite state scholar designation in high schools that do not calculate class rank, in non-accredited high schools, and for [home schooled] students in a parent-directed instruction program as provided in RSA 193:1, I.
12 Statewide Education Improvement and Assessment Program; Assessment Required. Amend RSA 193-C:6 to read as follows:
193-C:6 Assessment Required. Each year, a statewide assessment shall be administered in all school districts in the state in grades 3 through 8 and one grade in high school. All public school students in the designated grades shall participate in the assessment, unless such student is exempted, or provided that the commissioner of the department of education may, through an agreement with another state when such state and New Hampshire are parties to an interstate agreement, allow pupils to participate in that state's assessment program as an alternative to the assessment required under this chapter. [Home educated students] Students in a parent-directed instruction program may contact their local school districts if they wish to participate in the statewide assessment. Private schools may contact the department of education to participate in the statewide assessment.
13 Safe School Zones; Definitions. Amend RSA 193-D:1, III to read as follows:
III. “School” means any public or private elementary, secondary, or secondary vocational-technical school in New Hampshire. It shall not include [home schools under RSA 193-A] a personal residence or other space used to conduct a parent-directed instruction program pursuant to RSA 193:1, I.
14 Chartered Public Schools; Establishment and Application. Amend RSA 194-B:3, VIII to read as follows:
VIII. [Home education programs established pursuant to RSA 193-A] A parent-directed instruction program as specified in RSA 193:1, I shall not be eligible to be a chartered public school.
15 School Administrative Units; Superintendent Services. Amend RSA 194-C:4, II(d) to read as follows:
(d) Compliance with laws, regulations, and rules regarding special education, Title IX, the Americans with Disabilities Act, [home education,] minimum standards, student records, sexual harassment, and other matters as may from time to time occur.
16 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] Students in a parent-directed instruction program 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.
17 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] Students in a parent-directed instruction program 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.
18 Costs of Capital Outlay and Operation. Amend RSA 195:7, II to read as follows:
II. [Home education pupils] Students in a parent-directed instruction program 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.
19 Repeal. The following law is repealed:
I. RSA 193-A, relative to home education programs.
20 Effective Date. This act shall take effect upon its passage.
