2009 SESSION
04/05
HOUSE BILL 367
AN ACT relative to procedures for evaluation of home schooled students.
SPONSORS: Rep. J. Day, Rock 13
This bill revises the procedures for evaluating a home education program.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0491
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to procedures for evaluation of home schooled students.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Home Education; Records and Evaluation. Amend RSA 193-A:6 to read as follows:
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. 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.
2 Effective Date. This act shall take effect 60 days after its passage.