HB 406 – AS AMENDED BY THE HOUSE
30Mar2005… 0792h
2005 SESSION
04/01
HOUSE BILL 406
AN ACT revising certain provisions of the home education statutes.
SPONSORS: Rep. Marshall Quandt, Rock 13; Rep. Matthew Quandt, Rock 13
This bill revises the oversight authority of the commissioner of the department of education relative to home education programs. The bill also revises certain curriculum, notice, and procedural provisions which apply to home education programs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
30Mar2005… 0792h
05-0611
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT revising certain provisions of the home education statutes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Home Education; Curriculum. Amend the section heading to RSA 193-A:4, and RSA 193-A:4, I to read as follows:
193-A:4 Home Education; Defined[; Curriculum Required].
I. Instruction shall be deemed home education if it consists of [planned and supervised instructional and related educational activities, including a curriculum and]
instruction in science, mathematics, language, government, history,
health, reading, writing, spelling, the history of the constitutions of
New Hampshire and the United States, and an exposure to and
appreciation of art and music. Home education shall be provided by a
parent for his own child, unless the provider is as otherwise agreed
upon by the appropriate parties named in paragraph II.
2 Home Education; Notification and Other Procedural Requirements. Amend RSA 193-A:5, I-II to read as follows:
I. Any parent commencing a home
education program for a child, for a child who withdraws from a public
school, or for a child who moves into a school district shall notify
the commissioner of education, resident district superintendent, or
principal of a nonpublic school of such within 30 days. [Subject to the provisions of RSA 193-A:7, I, The commissioner of education shall acknowledge in writing
that the parent shall be permitted to initiate a home education program
for a child enrolled in a public or nonpublic school if the program
meets the minimum definitional and educational requirements as provided
in RSA 193-A:4, I and paragraph II of this section.]
II. Notification made by the parent
pursuant to paragraph I shall include a list of the names, addresses,
and birth dates of all children who are participating in the home
education program [and a list of the subjects to be taught each
child in accordance with RSA 193-A:4, I. A description of such subjects
shall also be provided which shall include:
(a) The name of an established correspondence school used, if any;
(b) The name of an established commercial curriculum provider used, if any;
(c) A table of contents or other material which outlines the scope of and instructional sequence for each subject, or both; and
(d) A list of textbooks or other instructional materials used].
3 Home Education; Notification and Other Procedural Requirements. Amend RSA 193-A:5, IV to read as follows:
IV. Subject to the provisions of RSA 193-A:7, [I,]
the commissioner of education, resident district superintendent, or
nonpublic school principal shall acknowledge receipt of notification
within [21] 14 days of such receipt.
4 Home Education; Records. Amend RSA 193-A:6, III to read as follows:
III. The commissioner of education,
resident district superintendent, or nonpublic school principal shall
review the results of the annual educational evaluation of the child in
a home education program as provided in paragraph II. If the child does
not demonstrate educational progress for age and ability at a level
commensurate with his ability, the commissioner, superintendent, or
principal shall notify the parent, in writing, that such progress has
not been achieved. The parent shall have one year from the date of
receipt of the written notification to provide remedial instruction to
the child. At the end of the one-year probationary period, the child
shall be reevaluated in a manner as provided in this section.
Continuation in a home education program shall be contingent upon the
child demonstrating at the end of the probationary period educational
progress commensurate with his age and ability. The parent of a child
who fails to demonstrate such progress at the end of the probationary
period shall be notified by the commissioner that the parent is
entitled to a hearing as provided in RSA 193-A:7, [III and IV] I and II
and that the program will be terminated absent a finding for
continuation pursuant to such hearing. Upon a finding that the program
should be terminated, the child shall be reported by the commissioner
or nonpublic school principal to the appropriate resident district
superintendent, who shall, if necessary, take appropriate action to
ensure that compulsory attendance requirements are met.
5 Home Education; Hearing; Notice and Procedure. RSA 193-A:7 is repealed and reenacted to read as follows:
I. 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.
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.
6 Home Education; Order; Appeals. Amend RSA 193-A:8, I to read as follows:
I. Subsequent to a hearing conducted in accordance with RSA 193-A:7, [I or II,]
the hearing officer shall enter an order within 10 working days which
shall order either the continuance or termination of the home education
program under scrutiny. Such order shall take effect immediately. A
copy shall be given to the appropriate superintendent of schools, who
shall, if necessary, take appropriate action to ensure that compulsory
attendance requirements are met.
7 Effective Date. This act shall take effect 60 days after its passage.