Subject:	Re: SB268 and homeschoolers
Date:	Fri, 31 Mar 2006 07:34:55 -0500
From:	Chris Hamilton
To:	Hassan, Maggie <Maggie.Hassan@leg.state.nh.us>
CC:	Green, Richard <Richard.Green@leg.state.nh.us>, Estabrook, Iris <Iris.Estabrook@leg.state.nh.us>, Gallus, John <John.Gallus@leg.state.nh.us>, D'Allesandro, Lou <dalas@leg.state.nh.us>, Foster, Joseph <Joseph.Foster@leg.state.nh.us>, Odell, Bob <Bob.ODell@leg.state.nh.us>, Gottesman, David <David.Gottesman@leg.state.nh.us>, Larsen, Sylvia <Sylvia.Larsen@leg.state.nh.us>, Martel, Andre <Andre.Martel@leg.state.nh.us>, Weyler, Kenneth <Kenneth.Weyler@leg.state.nh.us>, L'Heureux, Stephen <Stephen.L'Heureux@leg.state.nh.us>, Craig, James <jcraig48@aol.com>, Snyder, Clair <snyderclair@aol.com>

Dear Senator Hassan,

Thank you for writing back.

It would solve a lot of problems for homeschoolers if the law could be written to increase the age of compulsory attendance only for public school students! However, the US Consititution's 14th amendment guarantees equal protection under the law. Many homeschoolers believe that if NH law were written with a blanket exemption for homeschoolers, it could be declared unconstitutional. The challenge would likely come from a parent of a public school student who was not permitted to withdraw his/her child. The reasoning would be if homeschooling parents have that freedom, why shouldn't all parents? That's why it is important to have some mechanism for exemption in place that is the equivalent of an option open to all parents.

One such candidate is an affidavit/statement/letter from a parent stating that the home education program is complete, which would be the equivalent of a diploma. (Credit for this idea should be given to Cathy Hamblett, Home Education Advisory Council member nominated by the NH School Administrators Association.) The conditions for issuing an affidavit need not be set by the state; non-public schools are permitted to issue diplomas without government standards. As long as the parent is the one deciding when to issue the affidavit that ends the reporting requirements, most homeschoolers will see minimal change from current law. They will simply issue the affidavit when their children turn 16. There will be a small number of homeschoolers who may wish to access public school classes or extra-curricular activities who, if they chose to submit such an affidavit, might no longer have access to these programs. It will be up to each homeschooling family to decide whether there is a greater benefit from ceasing to report to the state or from access to public schools.

Even if it were possible to write a blanket exemption for homeschoolers over 16, most homeschoolers do not believe the language of the bill accomplishes that.

(b) The child is receiving home education and is therefore exempt from this requirement.

The most logical grammatical antecedent for the phrase "this requirement" is the requirement to attend school, specified in the main paragraph of 193:1 I. It was a great surprise to the homeschooling community to hear the meaning Ms. Heath conveyed to us, that "this requirement" refers to the increase in the age of compulsory attendance. Many of us have been trying to figure out how that meaning could be construed from the language of the bill. Given how difficult it is for us, we conclude that it will also be difficult for school officials, law enforcement officers, judges, and future legislators. I believe the best solution to this problem is to define more the exemption more precisely in the statute.

The current language of the bill also puts homeschoolers in a Catch-22. In order to be exempt from "this requirement", a parent of a child over age 16 will be required to establish that his child was receiving home education. One establishes that by creating a home education program as defined in RSA 193-A. So in order to be exempt from reporting requirements, homeschooling parents will have to report!

As I said to Ms. Heath, and to you in my original e-mail, we are glad to hear that the sponsors of SB268 do not wish to affect homeschoolers. Many people believe that if there are no changes to RSA 193-A, then legislation will have no effect on homeschoolers. To the contrary, the home education law exists in an environment of other laws, and changes to them can have an impact on homeschoolers. This is especially true of changes to RSA 193:1, as home education is an alternative to attendance at a public school. If you want to see how many laws in the 2006 legislative session I have identified as having a potential to impact homeschoolers, please feel free to visit my website:

http://webpages.charter.net/beaverlodgehs/legislation/legislation2006/

In my letter to Ms. Heath, I indicated that the language I was putting forward was just for discussion purposes, and not necessarily the best possible language. There are homeschoolers besides myself who would be willing to work with legislators to craft language that would minimize the impact of this legislation on homeschoolers. We would be very happy to work with you toward that goal, and would be especially pleased if it could be done before the House Education Committee hearing next Tuesday.

Sincerely,

Chris Hamilton
PS Just so you're not surprised if we meet in person, my given name is Christina, and I am "Mrs. Hamilton". There are so many "Christinas" in the homeschooling community, that I use the nickname "Chris" to avoid confusion.