193-A:1 Definitions. – In this
chapter:
I. "Child'' means a child or children at least 6 years
of age and under 16 years of age who is a resident of New Hampshire.
II. "Nonpublic school'' means a nonpublic school
approved pursuant to rules adopted by the state board of education and
administered by the department of education and which has agreed to administer
the relevant provisions of this chapter.
III. "Parent'' means a parent, guardian, or person
having legal custody of a child.
IV. "Resident district'' means the school district in
which the child resides.
V.
“Commissioner” means the commissioner of education.
VI. “Participating agency” means resident district superintendent, or commissioner, or nonpublic school principal.
VII.
“School year” means the portion of the school year when school is in session in
the resident district.
VIII.
“Starting date means the date on which the parent begins to provide home
education pursuant to this chapter. The starting date shall be the first day of
the school year. If the child is withdrawn from school after the start of the
school year, the starting date shall be the date the child is withdrawn.
IX.
“Composite results” means one score that is provided by the publisher of the
standardized test, or the average of all the sub-scores that are provided by
the publisher.
X. “Teacher” means a teacher who holds N.H. certification, is certified in another state which is a party to the interstate contract, or is currently teaching in a nonpublic school.
193-A:2 Program Established. – There is established the home education program to be administered by the department of education.
193-A:3 Rulemaking. – The state board of education shall adopt rules, pursuant to RSA 541-A, relative to administering the home education program.
193-A:4 Home Education; Defined;
Curriculum Required. –
I. [Instruction shall be deemed h]Home
education [if it] shall consist[s] 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 participating
agency[appropriate parties named in paragraph II].
II. The department of education, resident district
superintendent, or a nonpublic school A participating agency chosen by
the parent shall work with the parent[s upon request]
in meeting the requirements of this section.
III. No requirement beyond those enumerated in this chapter shall be imposed on a parent or on the child for whom the parent is establishing a home education program.
193-A:5 Notification and Other
Procedural Requirements. – A parent may establish a home education
program for any child including an educationally disabled child. The program
may be established during or prior to the school year. The establishement of
the program shall be [provide home education to a child or children
at home, ]subject to the following requirements:
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.]
The parent shall choose a participating agency and shall give written
notice to such participating agency regarding his/her intention to provide home
education. Such notice shall be given no later than the starting date of the
home education program.
II. Notification made by the parent pursuant to paragraph I
shall include a list of the name(s), address(es),
and birth date(s) of all children who are
participating in the home education program and the starting date(s) of
the program(s).
III. A
parent who has not previously received acknowledgment from a participating
agency pursuant to RSA 193-A shall, within thirty days of the starting date of
the home education program, give the participating agency a list of the
subjects to be taught [each] to the child(ren)
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; ] A table of contents or other
material which outlines the scope of and instructional sequence for each
subject, or both; and
(b) The name of an established commercial
curriculum provider used, if any;
(c)
([d]b) A list of
textbooks or other instructional materials used.
[III. Written notice of termination of a home education
program shall be filed by the parent with the commissioner of education, and,
in addition, the resident district superintendent or nonpublic school principal
within 15 days of said termination.]
IV. Subject to the provisions of RSA 193-A:7, I, the
[commissioner of education, resident district superintendent, or nonpublic
school principal] participating agency shall acknowledge receipt
of [notification within 21 days of such receipt.] the material
submitted by the parent if the information provided by the parent complies with
the minimum definitional and educational requirements of paragraphs II and III
of this section.
(a)
Receipt of notice of intent to provide home
education as set forth in paragraph II shall be acknowledged in writing within
five working days.
(b)
Receipt of the description of subjects as set forth
in paragraph III shall be acknowledged in writing within fifteen working days
of such receipt.
V. A home
education program established in accordance with this chapter shall remain in
effect until the beginning of the next school year unless the requirements of
this chapter are completed sooner, or unless the program is terminated in
accordance with the provisions of this paragraph or of RSA 193-A:8. A parent
who decides to terminate a home education program during the school year shall,
within ten working days of such termination, give written notice to the
resident district superintendent.
193-A:6 Records; Evaluation. –
I. The parent shall maintain a portfolio of records and
materials relative to the home education program. The portfolio shall consist
of [a log which designates by title the reading materials used, and also]
samples of writings, worksheets, workbooks, or creative materials used or
developed by the child and also a log which designates by title the
reading materials used. Such portfolio shall be preserved by the parent
for 2 years from the date of the [ending] termination or completion of
the [instruction] program in accordance with RSA 193-A:5, V.
II. The parent shall provide for an annual educational
evaluation in which is documented the child's demonstration of educational
progress at a level commensurate with the child's age and ability. The child
shall be deemed to have successfully completed his annual evaluation upon
meeting the requirements of any one of the following:
(a) A [certified] teacher [or a
teacher currently teaching in a nonpublic school who is] selected by the
parent shall evaluate the child's educational progress upon review of the
portfolio and discussion with the parent or child. The teacher shall submit a
written evaluation to the [commissioner of education, resident district
superintendent, or nonpublic school principal] participating agency;
(b) The child shall take any national
student achievement test, administered by a person who meets the qualifications
established by the provider or publisher of the test. Composite results at or
above the fortieth percentile on such tests shall be deemed reasonable academic
proficiency. Such test results shall be reported to the [commissioner of
education, resident district superintendent, or nonpublic school principal]
participating agency;
(c) The child shall take a state student
assessment test used by the resident district. Composite results at or above
the fortieth percentile on such state test shall be deemed reasonable academic
proficiency. Such test results shall be reported to the [commissioner of
education, the resident district superintendent, or nonpublic school principal]
participating agency; or
(d) The child shall be evaluated using any
other valid measurement tool mutually agreed upon by the parent and the [commissioner
of education, resident district superintendent, or nonpublic school principal]
participating agency. The results shall be reported by the parent
or the testing agency to such [appropriate official] participating
agency.
III. The [commissioner of education, resident district
superintendent, or nonpublic school principal] participating agency
shall review the results of the annual educational evaluation of the child in a
home education program as provided in paragraph II.
(a)
If educational progress has been demonstrated,
the participating agency shall so notify the parent in writing, within fifteen
working days.
(b)
If the child does not demonstrate educational progress
for age and ability at a level commensurate with his ability, the [commissioner,
superintendent, or principal] participating agency shall
notify the parent, in writing, within fifteen working days 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 at the end of the probationary period
(c)
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 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.]
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.
III. 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. 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.
193-A:8 Order; Appeals. –
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 that the parent receive acknowledgement or
that the commissioner withhold acknowledgment or 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]
local district superintendent of schools, who shall, if
necessary, take appropriate action to ensure that compulsory attendance
requirements are met.
II. Following such order, the parent or the commissioner may
appeal the decision of the hearing officer to a court of competent
jurisdiction. Said notice of appeal shall be filed within 30 days of such
decision by the hearing officer. Pending appeal, the home education program
shall continue.
193-A:9 Liability Limited. – The resident school district, the board of such district, and any employees of the resident school district associated with a child who is receiving home education in accordance with this chapter, are not liable in damages in a civil action for any injury, death or loss to person or property allegedly sustained by that child, his parent, or any other person as a result of the child's receipt of home education, including but not limited to, any liability allegedly based on the failure of the child to receive a free appropriate or adequate public education.
193-A:10 Home Education Advisory
Council. –
I. There is established the home education advisory council
comprising 12 members. Members of the council shall be appointed by the
commissioner of education from persons named as follows:
(a) Six members nominated by home educator
associations organized within New Hampshire.
(b) Two members nominated by the department
of education.
(c) One member nominated by the New
Hampshire School Administrators Association.
(d) One member nominated by the New
Hampshire School Boards Association.
(e) One member nominated by the New
Hampshire School Principals Association.
(f) One member nominated by the nonpublic
school advisory council established by the board of education pursuant to RSA
21-N:9, II(f).
II. The duties of the council and the terms of office of its
members shall be prescribed in accordance with rules proposed by the
commissioner of education and adopted by the state board of education pursuant
to RSA 541-A.
III. The chair of the council shall be elected by the
council members from the home educator membership on the council. All vacancies
on the council shall be filled in the same manner as that of the original
appointment.