TITLE XV
EDUCATION

Chapter 193-A
HOME EDUCATION

Section 193-A:1

    193-A:1 Definitions. –
In this chapter:
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. 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.

Source. 1990, 279:3. 2012, 203:1, eff. Aug. 12, 2012.

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. 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.
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. 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. 2008, 344:1. 2012, 203:2, eff. Aug. 12, 2012; 227:1, eff. June 16, 2012.

Section 193-A:6

    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.
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. 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;
(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;
(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; 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.
III. The parent shall maintain a copy of the evaluation. The results of the evaluation:
(a) May be used to demonstrate the child's academic proficiency in order to participate in public school programs, and co-curricular activities which are defined as school district-sponsored and directed athletics, fine arts, and academic activities. Home educated students shall be subject to the same participation policy and eligibility conditions as apply to public school students.
(b) Shall not be used as a basis for termination of a home education program.
(c) Provides a basis for a constructive relationship between the parent and the evaluator, both working together in the best interest of the child.

Source. 1990, 279:3. 2006, 13:4. 2012, 227:2, eff. June 16, 2012.

Section 193-A:7

    193-A:7 Repealed by 2012, 227:4, I, eff. June 16, 2012. –

Section 193-A:8

    193-A:8 Repealed by 2012, 227:4, II, eff. June 16, 2012. –

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 or has been receiving home education are not liable in damages in a civil action for any injury, death or loss to person or property allegedly sustained by that child, the child's 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. 2012, 227:3, eff. June 16, 2012.

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, 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.
(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. 2008, 344:2. 2012, 203:3, eff. Aug. 12, 2012.

Section 193-A:11

    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.

Source. 2012, 203:4, eff. Aug. 12, 2012.