|
|
NEW HAMPSHIRE
New Hampshire's Home Education Law:
279:1 Compulsory Attendance. RSA 193:1 is repealed and reenacted to read as follows:
193:1 Duty of Parent; Compulsory Attendance by Pupil. I. A parent of any child at least 6 years of age and under 16 years of age shall cause such child to attend the public school to which the child is assigned in his resident district. Such child shall attend full time when school is in session unless: (a) The child is attending a public school outside the district to which he is assigned or an approved private school for the same time; (b) The child is receiving home education; or (c) The relevant school district superintendent has excused a child from attendance because the child is physically or mentally unable to attend school, or has been temporarily excused upon the request of his parent for purposes agreed upon by the school authorities and the parent. Such excused absences shall not be permitted if they cause a serious adverse effect upon the student's educational progress. Students excused for such temporary absences may be claimed as full-time pupils for purposes of calculating state aid under RSA 186-C:18 and RSA 198:27-33.
II. A child who reaches his sixth birthday after September 30 shall not be required to attend school under the provisions of this section until the following school year.
III. In this section: (a) "Parent" means a parent, guardian, or person having legal custody of a child. (b) "Resident district" means the school district in which the child resides.
279:2 Statement of Purpose. The general court recognizes, in the enactment of RSA 193-A as inserted by section 3 of this act, that it is the primary right and obligation of a parent to *CHOOSE* the appropriate educational alternative for a child under his care and supervision, *AS PROVIDED BY LAW*. One such alternative allows a parent to elect to educate a child at home as an alternative to attendance at a public or private school, in accordance with RSA 193-A. The general court further recognizes that home education is more individualized than instruction normally provided in the classroom setting.
279:3 New Chapter; Home Education. Amend RSA by inserting after chapter 193 the following new chapter:
CHAPTER 193-A HOME EDUCATION
193-A:1 Definitions. In this chapter:
I. "Child" means 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.
193-A:2 Program Established. There is established the home education program to be administered by the department of education.
193-A:3 Rulemaking. The state board of education shall adopt rules pursuant to RSA 541-A, relative to administering the home education program.
193-A:4 Home Education; Defined; *CURRICULUM REQUIRED*.
I. Instruction shall be deemed home education if it consists of a planned and supervised instructional and related educational activities, including a curriculum and instruction in science, mathematics, language, government, history, health, reading, writing, spelling, and 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 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.
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. The parent shall *NOTIFY*, by August 1 of each year, the commissioner of education, resident district superintendent, or principal of a non-public school of his intention to provide home education. Said superintendent or principal shall provide notification of such intention to the department of education. Any parent desiring to provide home education who moves into a school district after August 1 shall immediately notify the commissioner of education of his intent to educate a child at home and shall comply with the requirements of this section within 30 days of such notice. 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 II of this section.
II. Notification made by the parent pursuant to paragraph I shall include a list of the names, addresses and birthdates 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: (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 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. 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 days of such receipt.
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. 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 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. 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 had 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 a provided in RSA 193-A:7, 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 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.
193-A:7 Hearing; Notice and Procedure.
I. Prior to the acknowledgment of notification as provided in RSA 193-A:5, I, if the commissioner has written and substantiated information which strongly implies that a home education program will not meet the requirements of RSA 193-A:4, I and RSA 193-A:5, II and that, based on such information, the commissioner decides to *WITHHOLD ACKNOWLEDGEMENT*, 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 parent at such hearing shall establish, and the hearing officer shall so find, that both the parent and the home education program will comply with RSA 193-A:4, I and RSA 193-A:5, II.
II. After acknowledgment of notification as provided in RSA 193-A:5, 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 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 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.
IV. In order to terminate a program, the hearing officer shall find at the hearing at least on one of the following: (a) The parent has failed to comply with the requirements of this chapter; or (b) The parent or the home education program has substantially failed to or cannot provide child with the minimum course of study as required by RSA 193-A:4, I.
193-A:8 Order; Appeals.
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.
II. Following such order, the 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 home education program shall continue.
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 receiving home 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, this 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.
193-A:10 Home Education Advisory Council.
I. There is established the home education advisory council comprising 12 members. Members of the council shall be appointed by the commissioner of education from persons named as follows: (a) Six members nominated by home education associations organized within New Hampshire. (b) Two members nominated by the department of education. (c) One member nominated by the New Hampshire School Administrators Association. (d) One member nominated by the New Hampshire School Boards Association. (e) One member nominated by the New Hampshire School Principals Association. (f) One member nominated by the nonpublic school advisory council established by the board of education pursuant to RSA 21-N:9, II(f).
II.The duties of the council and the terms of office of its members 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.
III.The chair of the council shall be elected by the council members from the home education membership on the council. All vacancies on the council shall be filled in the same manner as that of the original appointment.
279:4 Council Administration; First Meeting; Election of Chair. The commissioner of education shall call the first meeting of the home education advisory council established pursuant to RSA 193-A:10 as inserted by section 3 of this act within 60 days of the effective date of this act. The council shall elect a chair as prescribed in RSA 193-A:10, III at such first meeting.
279:5 Repeal. RSA 193:2, relative to duty of custodian, is repealed.
279:6 Effective Date.
I.Sections 1 and 4 and RSA 193-A:10 as inserted by section 3 of this act shall take effect July 1, 1990.
II.The remainder of this act shall take effect July 1, 1991.
(Signed by the governor on April 28, 1990)