CHAPTER 203
HB 545 – FINAL VERSION
4Jan2012… 2716h
05/16/12 2037s
05/16/12 2247s
2012 SESSION
04/09
HOUSE BILL 545
AN ACT relative to the administrative rulemaking process governing home educated pupils.
SPONSORS: Rep. Bates, Rock 4; Rep. Garcia, Rock 4; Rep. Ingbretson, Graf 5; Rep. Boehm, Hills 27; Rep. J. Richardson, Merr 8; Sen. Carson, Dist 14; Sen. Groen, Dist 6
This bill:
I. Revises the notification and rulemaking procedures for home educated pupils by giving the home education advisory council an opportunity to review and comment on proposed rules.
II. Makes the legislative members of the home education advisory council nonvoting members of the council.
III. Prohibits a school district official from proposing, adopting, or enforcing any policy or procedure relative to home educated pupils that is inconsistent with or more restrictive than the provisions of the home education statute.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2012… 2716h
05/16/12 2037s
05/16/12 2247s
11-0013
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the administrative rulemaking process governing home educated pupils.
Be it Enacted by the Senate and House of Representatives in General Court convened:
203:1 Home Education; Rulemaking. RSA 193-A:3 is repealed and reenacted to read as follows:
193-A:3 The state board of education shall adopt rules, pursuant to RSA 541-A, relative to administering the home education program. The state board of education shall, in addition to the provisions of RSA 541-A, submit any notice of proposed rulemaking under RSA 541-A:6 and any final proposed rule under RSA 541-A:12 to the home education advisory council established in RSA 193-A:10 for review and comment.
203:2 Home Education; Notification and Other Procedural Requirements. Amend RSA 193-A:5, I to read as follows:
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.]
203:3 Home Education; Home Education Advisory Council. Amend RSA 193-A:10, I(a)-(b) to read as follows:
(a) Two members of the house of representatives from the house education committee, appointed by the speaker of the house of representatives, who shall be nonvoting members.
(b) One member of the senate from the senate education committee, appointed by the president of the senate, who shall be a nonvoting member.
203:4 New Section; Home Education; Authority of School District Officials. Amend RSA 193-A by inserting after section 10 the following new section:
193-A:11 Authority of School District Officials. No superintendent, school board, school principal, or other school district official shall propose, adopt, or enforce any policy or procedure governing home educated pupils that is inconsistent with or more restrictive than the provisions of this chapter and any rules adopted pursuant to RSA 193-A:3.
203:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 13, 2012
Effective Date: August 12, 2012