193-A:1 Definitions. – In this chapter:
[Paragraph I effective until July 1, 2009; see also paragraph I set out below.]
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.
[Paragraph I effective July 1, 2009; see also paragraph I set out above.]
I. ""Child'' means a child or children at least 6
years of age and under 18 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.
Source. 1990, 279:3, eff. July 1, 1991. 2007, 242:4, eff. July 1, 2009.
193-A:2 Program Established. – There is established the home education program to be administered by the department of education.
Source. 1990, 279:3, eff. July 1, 1991.
193-A:3 Rulemaking. – The state board of education shall adopt rules, pursuant to RSA 541-A, relative to administering the home education program.
Source. 1990, 279:3, eff. July 1, 1991.
193-A:4 Home Education; Defined. –
I. Instruction shall be deemed home education if it consists
of 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.
II. The department of education, resident district
superintendent, or a nonpublic school shall work with parents upon request in
meeting the requirements of this section.
Source. 1990, 279:3, eff. July 1, 1991. 2006, 13:1, eff. May 12, 2006.
193-A:5 Notification and Other
Procedural Requirements. – A parent may provide home education to a child
or children at home, subject to the following requirements:
I.(a).
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.
(b) Any parent planning to
continue a home education program under subparagraph I(a) shall notify the
commissioner of education, resident district superintendent, or principal of a
nonpublic school no later than August 1 of each year.
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.
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, the
commissioner of education, resident district superintendent, or nonpublic
school principal shall acknowledge receipt of notification within 14 days of
such receipt.
V. Prior to the initial
year of a home education program, a parent shall provide to the department of
education, resident district superintendent, or principal of a nonpublic
school, information which summarizes planned and supervised instructional and
related activities, including a curriculum demonstrating 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.
Source. 1990, 279:3, eff. July 1, 1991. 1996, 222:1, eff. Aug. 9, 1996. 2006, 13:2, 3, eff. May 12, 2006.
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. Such portfolio shall be preserved by the parent for 2 years from the
date of the ending of the instruction.
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 by selecting one of the 4 evaluation methods in this paragraph
and notifying the department of education, resident district superintendent, or
principal of a nonpublic school of the method selected within 30 days.
The child shall be deemed to have successfully completed his or her 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;
(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;
(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;
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. The results shall be reported by the parent or the testing
agency to such appropriate official.
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, 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.
Source. 1990, 279:3, eff. July 1, 1991. 2006, 13:4, eff. May 12, 2006.
193-A:7 Hearing, Notice, and
Procedure. –
I. A parent shall be entitled to a due process hearing 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.
Source. 1990, 279:3, eff. July 1, 1991. 2006, 13:5, eff. May 12, 2006.
193-A:8 Order; Appeals. –
I. Subsequent to a hearing conducted in accordance with RSA
193-A:7, 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.
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.
Source. 1990, 279:3, eff. July 1, 1991. 2006, 13:6, eff. May 12, 2006.
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.
Source. 1990, 279:3, eff. July 1, 1991.
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.
Source. 1990, 279:3, eff. July 1, 1990.