Subject:	SB268 and homeschoolers
Date:	Wed, 29 Mar 2006 20:56:19 -0500
From:	Chris Hamilton
To:	Senator Richard Green <richard.green@leg.state.nh.us>, Senator Iris Estabrook <iris.estabrook@leg.state.nh.us>, Senator John Gallus <john.gallus@leg.state.nh.us>, Senator Lou D'Allesandro <dalas@leg.state.nh.us>, Senator Joseph Foster <joseph.foster@leg.state.nh.us>, Senator Bob Odell <bob.odell@leg.state.nh.us>, Senator David Gottesman <david.gottesman@leg.state.nh.us>, Senator Sylvia Larsen <sylvia.larsen@leg.state.nh.us>, Senator Margaret Hassan <maggie.hassan@leg.state.nh.us>, Senator Andre Martel <andre.martel@leg.state.nh.us>, Representative Kenneth Weyler <kenneth.weyler@leg.state.nh.us>, Representative Stephen L'Heureux <stephen.l'heureux@leg.state.nh.us>, Representative James Craig <jcraig48@aol.com>, Representative Claire Snyder <snyderclair@aol.com>

Dear sponsors of SB268,

On March 14, Mary Heath, Deputy Commissioner of Education, came to the Home Education Advisory Council meeting to try to understand concerns homeschoolers had about SB268, a bill to raise the age of compulsory attendance. Homeschoolers left that meeting unsure that Ms. Heath really did understand, and a small group of us met with her on March 23 for further discussion. Homeschoolers were very pleased that Christin Bergeron of the governor's office was also present.

We keep hearing supporters of the bill state that it does not affect homeschoolers. We were glad to hear Mary Heath state that the sponsors did not have any intention of affecting homeschoolers, but based on our understanding of current law and the language of the legislation, we continue to believe that there would be a tremendous potential for affecting us.

I have attached an excerpt from a homeschooler's notes on the HEAC meeting, a summary of the meeting, and a copy of the letter I gave to Ms Heath and Ms. Bergeron. In the letter, I suggest some language for an amendment to SB268 that would minimize the impact of the changes on homeschoolers:

(b) The child is receiving home education; or the child is no younger than sixteen, was formerly receiving home education, and a parent or guardian has signed an affidavit stating that the home education program is complete;

The difference between this language and the language of the amendment that Senator Estabrook prepared (and which was adopted by the Senate) is that it spells out the mechanism by which a homeschooler can finish before age 18, and that mechanism bears a rough resemblance to a diploma. The first difference is important, and in the letter I wrote to Ms. Heath I explain why homeschoolers have concerns about leaving this important feature to the rule-making process. The second difference is important, as it offers a better chance of meeting the test of equal protection under the law, a right guaranteed by the 14th amendment to the US Constitution. Ms. Heath and Ms. Bergeron were quite sure that the bill as passed by the Senate provided for an exemption, which only needed to be spelled out in the rules. Homeschoolers would very much like to see it spelled out in the statute.

Thank you for giving this matter your consideration. I hope to hear from you in the near future.

Chris Hamilton

Beaver Lodge Homeschool
(contact information deleted)