92-2045
03
HOUSE BILL NO.
INTRODUCED BY: Rep. Lozeau of Hillsborough Dist. 25
REFERRED TO: Education
AN ACT relative to education of children.
ANALYSIS
This bill replaces the home education chapter with a new chapter that extends the law relating to educating children to all educators, including public or private school teachers or parents.
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EXPLANATION: Matter added appears in bold italics.
Matter removed appears in [brackets].
Matter which is repealed and reenacted or all new appears in regular type.
3524L
92-2045
03
HB 1470-FN-LOCAL
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand
nine hundred and ninety-two
AN ACT
relative to education of children.
Be it Enacted by the Senate and House of Represen-
tatives in General Court convened:
1 Education of Children; All Educators Included. RSA 193-A is repealed and reenacted to read as follows:
193-A:1 Statement of Purpose. The general court recognizes that the enactment of RSA 193-A will ensure equal treatment before the law for all educators, whether they be public or private school teachers or parents at home.
193-A:2 Definitions. In this chapter:
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.
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.
V. "Teacher" means either a person who is currently certified to teach in a public or a person currently employed to teach in a nonpublic school.
193-A:3 Program Established. There is established the education program to be administered by the department of education.
193-A:4 Rulemaking. The state board of education shall adopt rules, pursuant to RSA 541-A, relative to administering the education program.
193-A:5 Education; Defined; Curriculum Required.
I. Instruction shall be deemed education if it consists of planned and supervised instructional and related educational activities, including a curriculum and 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.
II. The department of education shall work with the teacher or parents upon request in meeting the requirements of this section.
193-A:6 Notification and Other Procedural Requirements. A teacher or parent may provide education to a child or children, subject to the following requirements:
I. The teacher or parent shall notify, by August 1 of each year, the commissioner of education of his intention to provide education. Any
teacher, or any parent who moves into a school district after August 1, who desires to provide education shall immediately notify the commissioner of education of his intent to educate a child and shall comply with the requirements of this section within 30 days of such notice. Subject to the provisions of RSA 193-A:8, I, the commissioner of education shall acknowledge in writing that the teacher or parent shall be permitted to initiate an education program for a child if the program meets the minimum definitional and educational requirements as provided in RSA 193-A:5, I and paragraph II of this section.
II. Notification made by the teacher or parent pursuant to paragraph I shall include a list of the names, addresses, and birth dates of all children who are participating in the education program and a list of the subjects to be taught each child in accordance with RSA 193-A:5, I. A description of such subjects shall also be provided which shall include:
(a) The name of an established correspondence school used, if any;
(b) The name of an established commercial curriculum provider used, if any;
(c) A table of contents or other material which outlines the scope of and instructional sequence for each subject, or both; and
(d) A list of textbooks or other instructional materials used.
III. Written notice of termination of an education program shall be filed by the teacher or parent with the commissioner of education within 15 days of said termination.
IV. Subject to the provisions of RSA 193-A:8, I, the commissioner of education shall acknowledge receipt of notification within 21 days of such receipt.
193-A:7 Records; Evaluation.
I. The teacher or parent shall maintain a portfolio of records and materials relative to the 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 teacher or parent for 2 years from the date of the ending of the instruction.
II. The teacher or 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. 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, a teacher currently teaching in a nonpublic school, or a parent who is selected by the teacher or parent shall evaluate the child's educational progress upon review of the portfolio and discussion with the parent or child. The parent or teacher shall submit a written evaluation to the commissioner of education;
(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;
(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; or
(d) The child shall be evaluated using any other valid measurement tool mutually agreed upon by the teacher or parent and the commissioner of education. The results shall be reported by the teacher, parent or the testing agency to such appropriate official.
III. The commissioner of education shall review the results of the annual educational evaluation of the child in the 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 shall notify the teacher or parent, in writing, that such progress has not been achieved. The teacher or 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 the 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 teacher or 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 teacher or parent is entitled to a hearing as provided in RSA 193-A:8, III and IV 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 to the appropriate resident
district superintendent, who shall, if necessary, take appropriate action to ensure that compulsory attendance requirements are met.
193-A:8 Hearing; Notice and Procedure.
I. Prior to the acknowledgment of notification as provided in RSA 193-A:6, I, if the commissioner has written and substantiated information which strongly implies that the education program will not meet the requirements of RSA 193-A:5, I and RSA 193-A:6, II and that, based on such information, the commissioner decides to withhold acknowledgment, he shall immediately schedule a due process hearing as provided in paragraph III. In order to be granted acknowledgment of notification by the commissioner, the teacher or parent at such hearing shall establish, and the hearing officer shall so find, that both the teacher or parent and the education program will comply with RSA 193-A:5, I and RSA 193-A:6, II.
II. After acknowledgment of notification as provided in RSA 193-A:6, I, if the commissioner has written and substantiated information which would justify an order of termination pursuant to paragraph IV, and, based upon said information he intends to seek termination of such program, he shall request a hearing as provided in paragraph III.
III. A teacher or parent shall be entitled to a due process hearing pursuant to paragraphs I and II 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 teacher or 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 education program.
IV. In order to terminate a program, the hearing officer shall find at the hearing at least one of the following:
(a) The teacher or parent has failed to comply with the requirements of this chapter; or
(b) The teacher or parent or the education program has substantially failed to or cannot provide a child with the minimum course of study as required by RSA 193-A:5, I.
193-A:9 Order; Appeals.
I. Subsequent to a hearing conducted in accordance with RSA 193-A:8, I or II, the hearing officer shall enter an order within 10 working days which shall order either the continuance or termination of the 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 teacher or 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 education program shall continue.
193-A:10 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 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 teacher or parent, or any other person as a result of the child's receipt of 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.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
LSR 92-2045
11/13/91
FISCAL NOTE for an act relative to education of children at home.
FISCAL IMPACT:
The Department of Education states this bill will increase state expenditures by $441,000 in FY 1993, by $485,982 in FY 1994 and by $536,254 in FY 1995. Local expenditures will decrease by $385,875 in FY 1993, by $425,372 in FY 1994 and by $469,569 in FY 1995. There will be no fiscal impact on state, county or local revenues or on county expenditures.
METHODOLOGY:
The Department assumed the following:
700 home education programs are supervised by public schools and 100 are supervised by private schools
the average cost of a home education program is $500;
there will be a 5% increase per year of students being home educated;
there will be a 5% increase per year in costs;.
The Department will now be responsible for the estimated 800 home education programs. The department will be required to assign at least three staff at a cost of $125,000 to home education responsibilities. In addition, the Department would have to hire outside consultants at a cost of $105,000 to perform evaluations and $136,000 to provide for assessments and monitoring. Also, the Department will contract with an impartial hearings officer at a cost of $75,000 to handle appeals. Locally, the Department estimated costs would be reduced as a result of the shift in responsibility. The Department estimated that locals would no longer be responsible for 735 students at a cost of $525 in FY 1993, 772 students at a cost of $551 in FY 1994 and 811 students at a cost of $579 in FY 1995.