Legal News and Home Education Advisory Council

Scroll down to learn more about the Home Education Advisory Council, HEAC, and watch our video.

HB 1663: Legislative Update

Governor Sununu signed HB1663 on June 2, 2022, amending NH law regarding homeschooling (RSA193:1 and RSA193-A). The bill clarifies provisions for home education programs concerning notifications required for students moving to a new district, educational evaluations, and termination of home education.

These changes include:

  • School boards are now required to adopt policies regarding equal access to curricular courses and cocurricular programs.
  • Parents are allowed to not only provide their child’s education, but to direct or coordinate their child’s education through others.
  • If a parent decides to terminate their homeschool program, they only need to send written notification to one official (the commissioner of education, the resident district superintendent, or the nonpublic school principal).
  • Any parent who previously notified the resident district superintendent of a home education program who moves from said district shall notify the original resident district superintendent
  • Clarification that the portfolio is the property of the parents
  • Clarification about provisions for special needs students during annual evaluations
  • The removal of the requirement to score above the 40th percentile on standardized tests, if this method of annual evaluation is chosen.

If you have questions about these changes, please feel free to contact us

Home Education Advisory Council (HEAC) Report, June 2021

The HEAC planned to meet in a Zoom meeting on May 27. Unfortunately there were technical difficulties and we had to use a Zoom link that had not been made available to the public, and that meant that we could not have an official meeting. The HEAC then held an official meeting June 3.

All year we have had the problem of school districts not allowing homeschoolers to join in curricular and co-curricular activities as permitted under the equal access law RSA 193-1:c . We were made aware that the NH Board of Education had scheduled a hearing June 3, at 10:00, asking officials from the Rochester district to show whether or not they are in compliance with the equal access law. Rochester chose not to attend, basically admitting that they were not in compliance with the law. The NHHC recently worked to resolve similar situations in Dover and Laconia; those districts are now allowing homeschoolers access to classes and activities for next year.

At the June 3 meeting, Council members discussed Community Learning Pods, part of the Bright Futures program, and a new approach to education that is federally funded at present. We noted that students in these pods use the specific curriculum administered by the provider, Prenda;  education is not necessarily “provided by” the parent for the child; and an annual evaluation, the statewide assessment, NH SAS, would be  required to be submitted to the local school district. These restrictions create a clear distinction between Community Learning Pods and Home Education. The HEAC recommended that Community Learning Pods be designated as another way of satisfying the compulsory attendance law RSA 193-1 , http://www.gencourt.state.nh.us/rsa/html/XV/193/193-1.htm  and not included as a form of home education under RSA 193:A.

Homeschooling members of the Council reported that the numbers of homeschoolers are still rising. Many of us are helping people with their annual evaluation and in planning for next year. It’s an exciting time for homeschooling.

We heard that homeschooler Sam Cole won the First in the Nation essay contest, highlighting New Hampshire’s presidential primary. Congratulations to Sam!

The New Hampshire Charitable Foundation and The Foundation for New Hampshire Community Colleges are partnering to give a “Gift to the Class of 2021,”  Any student graduating from a New Hampshire high school in 2021 is eligible to take a course of their choice, including courses that are part of certificate programs that prepare students to enter skilled trades, at no cost to them, at any of the seven colleges in the Community College System of NH (CCSNH). No standardized tests are required. The Foundations’ gift covers tuition and associated fees. The colleges will work with students to help with course selection and other types of advising. For more information on the “Gift to the Class of 2021,” visit GiveNHCC.org/ClassGift.

NHTI in Concord wants to let homeschoolers know about the Lynx program  , a summer program for high school students to get college credits. It even includes a breakfast snack and a bag lunch!

The HEAC is made up of homeschoolers and education officials, and works to advise the Commissioner and State Board of Education on issues concerning home education in New Hampshire. If you have concerns to bring to the HEAC, please don’t hesitate to contact me. I’m glad to help. 

Stefanie Marsh, NHHC representative to the HEAC
tumbledowngrl@gmail.com, 603-569-6382.

Department of Education Sends Technical Advisory to Correct School Districts’ Confusion About Setting Up Home Education Programs

The COVID-19 situation has caused a substantial increase in the number of parents choosing to homeschool their children. The NHHC and other homeschooling organizations have heard from parents who were asked to provide unnecessary information to school districts in order to start homeschooling their children. Many school districts were confused about the requirements for home education and were referencing outdated laws and rules.

The HEAC (Home Education Advisory Council) worked with the Department of Education to put together a technical advisory. You might find this helpful to show to your school district, if you’ve been having problems setting up a home education program.
https://www.education.nh.gov/sites/g/files/ehbemt326/files/inline-documents/sonh/ta-home-education-final-09-25-20.pdf

Youth Employment Certificate Finally Updated

The New Hampshire Department of Labor has updated their FAQs, forms, and other information concerning Youth Employment Certificates.

In New Hampshire, youths under the age of 16 need to have a Youth Employment Certificate to work. It used to be that this form could only be obtained at the local school, but with the passage of HB 1301 in 2016, the law was changed to allow parents to issue this form. We put pressure on the Department of Labor to make sure their website and materials were updated to reflect this change. Employers had been sending homeschooling parents back to the schools for forms, even after parents tried to explain the law change, because the Dept. of Labor published information was incorrect. Things should be much easier for homeschoolers looking for jobs next summer!

No More “51% of the Teaching Rule”

The Home Education Advisory Council at the Department of Education discussed the statement that’s been going around for years that “parents are responsible for 51% of the child’s education.” This has never been a part of the home education law or rules, but was part of the understanding of how home education would work when the law was first established in 1990. The law states that home education “shall be provided by a parent for his own child, unless the provider is as otherwise agreed upon by the appropriate parties” (meaning the participating agency: your school district, private school, or the Department of Education).

With all the changes in home education– parents utilizing coop classes, online course providers, community colleges, and other resources– it has become unclear what being responsible for 51% of a child’s education actually means. The HEAC felt that the word “provide” in RSA 193-A (the home education law) is critical. The parent could provide education through various means, including paying for tutors and online classes.  Council members felt that the 51 percent language is outdated, and that we should emphasize that the parent may provide education for their child in many ways.

Home Education Advisory Council

The Home Education Advisory Council (HEAC) meets at the Department of Education from 2:30 – 4:30 p.m. on the third Friday in of the month throughout the school year (although sometimes conflicts move the meeting date). Established in 1990 by RSA 193-A (the home education law), the HEAC exists to promote an understanding of home education in New Hampshire, to carry out duties assigned to it by the Commissioner of Education, and to advise the Commissioner and State Board of Education on issues concerning home education in New Hampshire.

HEAC includes twelve voting members:
Six members representing homeschooling organizations in New Hampshire, and six members representing the N.H. Department of Education (2), N.H. School Boards Association (1), N.H. School Administrators Association (Superintendents) (1), N.H. Association of School Principals (1), and the Nonpublic Schools Advisory Council (1).

There are also three non-voting members, one from the N.H. Senate, and two from the N.H. House.

The Council seeks to establish common ground and maintain communication between educational institutions and home educators, and to find solutions to problems before they escalate to the level of needing judicial or legislative remedies. It recommends, to the State Board of Education, changes to the administrative rules for home education (Ed 315 ). These rules clarify ambiguities in RSA 193-A and have the force of law. The Council can hear grievances referred to it by the Commissioner and make a recommendation.

The Council gives New Hampshire homeschoolers a voice at the Department of Education, helps legislators on education committees understand the breadth and depth of home education, and allows us to participate in the rulemaking process. The Council is also a way to allow home educators to understand the challenges faced by the state and school district officials who serve us. It provides an effective venue for solving problems that are difficult to solve at the local level.

In 2009 the House Education Committee introduced amendments to RSA 193-A that would have expanded the state’s control over homeschooling. Those bills were defeated in the legislature due to the action of 1,000+ homeschoolers who showed up at the State House to testify. The chair of the House Education Committee then tried to insert the same language into Ed 315. Alert Council members helped prevent this misuse of the rulemaking process.

If you want to be informed of homeschooling issues and lend support to our representatives, please attend a meeting. The general public can attend meetings via Zoom. Details can be found on the Department of Education website here: Home Education Advisory Council. When visitors are present there is a public comment period. When asked by the chair, visitors may participate in Council discussions. If you have questions about the HEAC, please feel free to contact the New Hampshire Homeschooling Coalition’s representative to the HEAC, Althea Barton.