193-A:7 Hearing; Notice and Procedure. –
[I. Prior to the acknowledgment of notification as provided in RSA 193-A:5, I,
if the commissioner has written and substantiated information
which strongly implies that a home education program
will not meet the requirements of RSA 193-A:4, I and RSA 193-A:5, II
and that, based on such information, the commissioner decides to withhold acknowledgment,
he shall immediately schedule a due process hearing as provided in paragraph III.
In order to be granted acknowledgment of notification by the commissioner,
the parent at such hearing shall establish, and the hearing officer shall so find,
that both the parent and the home education program will comply
with RSA 193-A:4, I and RSA 193-A:5, II.
II. After acknowledgment of notification as provided in RSA 193-A:5, I,
if the commissioner has written and substantiated information
which would justify an order of termination pursuant to paragraph IV,
and, based upon said information he intends to seek termination of such program,
he shall request a hearing as provided in paragraph III.
IIII. A parent shall be entitled to a due process hearing
[pursuant to paragraphs I and II]
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.
[IV] 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.