SB268 - Compulsory Attendance Vs. Parental Rights, Freedoms and Responsibilities by Diane Lachance

In the state of NH a student is required, by law, to be in school until the age of 18, unless a parent decides it is better for the student to withdraw at the age of 16 or 17. The law is written as it pertains to a parent’s duty. Read both paragraph I and paragraph IV to understand the ages a child must be in school.

SB268 will not change the law to increase the attendance. What it will do is remove a parental right, a parental freedom and a parental responsibility from existing law.

193:1 Duty of Parent; Compulsory Attendance by Pupil. –
    I. A parent of any child at least 6 years of age and under 16 years of age 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 full time when such school is in session unless:
       (a) The child is attending a public school outside the district to which the child is assigned or an approved private school for the same time;
       (b) The child is receiving home education; or
       (c) 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 equitable education grants under RSA 198:41.
    II. A child who reaches the sixth birthday after September 30 shall not be required to attend school under the provisions of this section until the following school year.
    III. In this section, "parent" means a parent, guardian, or person having legal custody of a child.
    IV. Any child at least 16 years of age and under 18 years of age who wishes to terminate such child's public or nonpublic education prior to graduating from high school shall do so only after a conference with the principal, or designee. The principal shall request a conference with the parent, guardian, or other custodian. Written approval of withdrawal must be received from such child's parent, guardian, or other person residing in the state and having custody or charge of such child. The written approval shall be dated and the signature witnessed by the principal of the school where the child is in attendance, or the principal's designee.