This document contains the text of RSA 193-A as it would be modified by HB367 (as introduced) in 2009.
TITLE XV
EDUCATION
CHAPTER 193-A
HOME EDUCATION
Section 193-A:1
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. 2007, 242:4, eff. July 1, 2009.
Section 193-A:2
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.
Section 193-A:3
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.
Section 193-A:4
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. 2006, 13:1, eff. May 12, 2006.
Section 193-A:5
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 the department of education, resident district
superintendent, or principal of a nonpublic school of such within 5 business
days of commencing the program.
(b) A parent planning to continue a
home education program shall notify the commissioner of education, resident
district superintendent, or principal of a nonpublic school by the first school
day according to the school calendar in the child's resident school district.
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.
Source. 1990, 279:3. 1996, 222:1. 2006, 13:2, 3, eff. May 12, 2006.
2008, 344:1, eff. July 7, 2008.
Section 193-A:6
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. A credentialed
educator shall review the portfolio at the end of the school year and shall
submit a report of this review to the resident district superintendent or
nonpublic school principal who shall retain such reports on file.
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.] using the California Achievement Test, IOWA, or Stanford
test of reading, writing, and mathematics. The evaluation shall be administered
and monitored by a credentialed educator using standardized testing protocol.
The evaluation shall not be administered or monitored by a parent. An
alternative test which complies with the requirements of this paragraph may be
used with the permission of the resident district superintendent or nonpublic
school principal. The parent shall forward a copy of the evaluation results to
resident district superintendent or nonpublic school principal. The
superintendent or principal shall retain the test results on file. Under unusual
circumstances, the superintendent or principal may grant a waiver to the testing
requirement under this paragraph. [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;
(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.(a) 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.] In this section “educational progress” shall mean a child
who, in the superintendent’s or principal’s judgment after reviewing the child’s
portfolio and test scores on each area of the annual evaluation, has
demonstrated satisfactory academic growth over the course of the school
year.
(b) If the child is not demonstrating
educational progress, the resident district superintendent or nonpublic school
principal shall, no later than 30 days from the date of the annual educational
evaluation, schedule a meeting with such child’s parent. The superintendent or
principal and the parent shall review the results of the evaluation and
determine a plan for remediation, including plans for addressing the child’s
specific weaknesses. The remediation plan shall be completed no later than 60
days from the date of the meeting, and shall be reviewed by the superintendent
or principal who shall attach a written response and comments to the plan. The
superintendent or principal shall retain the plan and the attached response and
comments on file.
(c) The parent shall have one
year from the date of receipt of the written notification under
subparagraph (a) 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 meet with the resident district superintendent
or nonpublic school principal to discuss the child’s home education program. At
this meeting, the superintendent or principal shall decide whether the child’s
home education program will be permitted to continue. If the home education
program is terminated, the superintendent or principal shall notify
[be notified by the commissioner that] the parent that he
or she 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]
of the department of education shall report the termination of the home
education program to the resident district superintendent 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.
IV. A parent aggrieved by a decision
under this section may appeal the decision to the state board of education. The
state board’s decision on such appeals shall be final.
Source. 1990, 279:3. 2006, 13:4, eff. May 12, 2006.
Section 193-A:7
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. 2006, 13:5, eff. May 12, 2006.
Section 193-A:8
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. 2006, 13:6, eff. May 12, 2006.
Section 193-A:9
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.
Section 193-A:10
193-A:10 Home Education Advisory
Council. –
I. There is established the home education
advisory council which shall consist of the following members:
(a)
Two members of the house of representatives from the house education committee,
appointed by the speaker of the house of representatives.
(b) One
member of the senate from the senate education committee, appointed by the
president of the senate.
(c) The following individuals who shall be
appointed by the commissioner of the department of education from persons named
as follows:
(1) Six members nominated by home educator
associations organized within New Hampshire.
(2) Two members
nominated by the commissioner of the department of education, or designee.
(3) One member nominated by the New Hampshire School
Administrators Association.
(4) One member nominated by the New
Hampshire School Boards Association.
(5) One member nominated by
the New Hampshire Association of School Principals.
(6) One member
nominated by the nonpublic school advisory council established by the state
board of education pursuant to RSA 21-N:9, II(f).
II. The duties of the
council and the terms of office of the members appointed under subparagraph I(c)
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.
Legislative members of the council shall serve a term which is coterminous with
their elected office.
III. The chair of the council shall be elected by
the council members from the home educator membership on the council appointed
under subparagraph I(c). All vacancies on the council shall be filled in the
same manner as that of the original appointment.
IV. Legislative members
of the council shall receive mileage at the legislative rate when attending to
the duties of the council.
Source. 1990, 279:3, eff. July 1, 1990. 2008, 344:2, eff. July 7,
2008.