hb 0406

CHAPTER 13

HB 406 – FINAL VERSION

AN ACT revising certain provisions of the home education statutes.

SPONSORS: Rep. Marshall Quandt, Rock 13; Rep. Matthew Quandt, Rock 13

This bill revises the oversight authority of the commissioner of the department of education relative to home education programs. The bill also revises certain curriculum, notice, and procedural provisions which apply to home education programs.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT revising certain provisions of the home education statutes.

Be it Enacted by the Senate and House of Representatives in General Court convened:

13:1 Home Education; Curriculum. Amend the section heading to RSA 193-A:4 and RSA 193-A:4, I to read as follows:

I. Instruction shall be deemed home 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. 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.

13:2 Home Education; Notification and Other Procedural Requirements. Amend RSA 193-A:5, I-II to read as follows:

I. 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. [~~Subject to the provisions of RSA 193-A:7, I, The commissioner of education shall acknowledge in~~ writing that the parent shall be permitted to initiate a home education program for a child enrolled in a public or nonpublic school if the program meets the minimum definitional and educational requirements as provided in RSA 193-A:4, I and paragraph II of this section.]

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 [~~and a list of the subjects to be taught each child in accordance with RSA 193-A:4, I. A description of such subjects shall also be provided which shall include:~~

~~(c) A table of contents or other material which outlines the scope of and instructional sequence for each subject, or both; and~~

13:3 Home Education; Notification and Other Procedural Requirements. Amend RSA 193-A:5, IV to read as follows:

IV. Subject to the provisions of RSA 193-A:7, [I,] the commissioner of education, resident district superintendent, or nonpublic school principal shall acknowledge receipt of notification within [21] 14 days of such receipt.

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, [~~III and IV~~] 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.

13:5 Home Education; Hearing; Notice and Procedure. RSA 193-A:7 is repealed and reenacted to read as follows:

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:

(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.

I. Subsequent to a hearing conducted in accordance with RSA 193-A:7, [~~I or II,~~] 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.