Legal Requirements

Summary

Since its creation in 1991, changes have been made to 193:A, the original statute, with the most recent updates signed into law on June 2, 2022. Under this law, parents or legal guardians who wish to homeschool their child(ren) are required to:

• Notify a participating agency (the local district superintendent, Commissioner of Education, or a participating private school) of their intent to homeschool.
• Keep a portfolio of the homeschooled child’s work (for at least two years).
• Complete an annual evaluation demonstrating educational progress commensurate with the child’s age, ability, and/or disability.
• Cover the following subjects over the course of the child’s education: 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.
  
  These requirements are explained in more detail below.

You do NOT need to teach a certain number of days in a year or a certain number of hours in a day.
You do NOT need to have your program approved by a school official.
You do NOT need to teach each of the subjects required in the law every year.
You do NOT need to submit your child’s annual evaluation for review.

You are allowed to not only provide your child(ren)’s education, but to direct or coordinate it through others.

Notification of Intent to Homeschool

The compulsory attendance law (RSA 193:1) {and by extension, the home education law (RSA 193-A)} applies to children who are six years of age by September 30 of the school year and under 18 years of age.

When you start homeschooling (under RSA 193:1), you must send in your letter of notification by the time school starts in your district and must notify within 5 days of withdrawing a child from school. If a child is withdrawn from a public school after the school year has started, parents should ensure that officials are aware that the child will be home-educated to avoid being charged with truancy. You need to put this in writing and keep a copy. 

If you start homeschooling under RSA 194:F, you will follow a separate process.

You may choose to send your letter of notification either to your local district superintendent, a nonpublic school principal, or the Commissioner of Education at the New Hampshire Department of Education (DOE). (More information on what the letter of notification contains is below).  If you previously notified the resident district superintendent and move out of your district, you must notify the original resident district superintendent and notify a new participating agency of your intent to homeschool. If you previously notified the Commissioner of Education or a nonpublic school, you must provide contact information and update the notification information as necessary but do not need to resubmit a new letter of notification upon moving.

Many nonpublic schools make themselves available to homeschoolers as participating agencies. A private school does not need to be in your area and cannot request more information than what is required by law (see below). However, they may require a fee.

The letter of notification must include:

• Names, addresses, and dates of birth for all children of compulsory attendance age (6 years of age, by September 30, of the current school year, up to 18 years of age) to be homeschooled.
• Names and addresses of the parents or guardians.
• A phone number where the parent(s)/guardians can be reached during the day (optional).
• The date on which the homeschooling program will begin.

This is a letter of notification form provided by the Department of Education. You may also use other templates or your own as long as your letter provides the required information.

You only need to send in a letter of notification once for each student. It will be assumed that you are continuing to homeschool each year, and you do not need to notify again unless you change participating agencies or move to another school district.  If you enroll as an EFA homeschooler you will need to notify the prior participating agency that you are terminating your program and beginning an EFA program.

Acknowledgement of Intent to Homeschool

The participating agency is required to acknowledge your notification, in writing, within 14 days (assuming it contains the information listed above). We recommend you send the letter via certified mail, return receipt requested, so you have documentation that you submitted the letter and when it was submitted. Some school districts accept letters via email.

This acknowledgment cannot limit the time frame of a home education program. If the letter does indicate any limitation of timeframe, they are required to provide one that does not, upon request. (See Department of Education Technical Assistance Bulletin.)

It is advisable to keep your letter of acknowledgment from the participating agency (and maybe an extra copy) in a safe place. This letter serves as proof of your notification and is sometimes needed to allow for participation and reduced rates as a homeschooler in educational events. (Examples: some museums, student matinees.)

Termination or Completion of Home Education Program

If you decide to end your child’s home education program prior to age 18 (and meet the compulsory attendance requirement in another fashion), written notice should be filed with your participating agency within 15 days of termination of the program.  

If your student has finished their high school homeschooling program but is younger than 18, you must certify high school completion with the New Hampshire Department of Education. Send a letter to the Commissioner of Education at the Department of Education. (While this letter notes both termination and completion, follow instructions for completion).

Portfolio

Parents are required to keep a portfolio of the child’s work related to the homeschooling program for at least two years after the instruction is completed. The portfolio is the sole property of the parents.

Parents are required to have their child’s educational progress evaluated each year. There is no particular date by which the evaluation must be completed. If your family started homeschooling in the middle of the school year, you would not need to have an evaluation on file until a year from when you started. The child’s progress may be evaluated by any of the following methods:

• The evaluation may be completed by a teacher who either holds a teaching credential issued by the New Hampshire State Board of Education, is licensed in a state which is a party to the interstate contract, or is currently teaching in a nonpublic school. (See our list of Evaluators.) 
• National student achievement test, administered by a person who meets the qualifications established by the provider or publisher of the test, OR a state student assessment test used by the resident school district. A composite score at or above the 40th percentile is no longer required.
• Any other valid measurement tool mutually agreed upon by the parent and the Commissioner of Education, resident district superintendent, or nonpublic school principal. This could be an agreement to accept grades from an online school program, to have a meeting with a teacher or principal, or to have the child take assessment tests at the school, among other options.

The results of the evaluation, typically no more than one or two pages, do NOT need to be submitted to the participating agency.

You will be keeping this evaluation on file in case there is a question about your homeschooling program. The child only needs to demonstrate educational progress at a level commensurate with the child’s age, ability, and/or disability. In the case of portfolio evaluation, the evaluation is not considered complete unless it has a parent’s signature, so if you feel your child’s evaluation is not accurate, do not sign it. Here you can see more information on compiling your homeschool portfolio, and evaluators are welcome to use this portfolio evaluation form.

Conclusion