New Hampshire Education Code For Homeschooling
The New Hampshire Education Code revised on July 1, 2009. Check the "Notifications" section for changes.
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library or online. Sections are linked to the code online for
verification: RSA 193-A Home Education.
Contents on this page
- 193-A:1 Definitions
- 193-A:2 Program
- 193-A:3 Rulemaking
- 193-A:4 Home
Education; Defined; Curriculum Required
- 193-A:5 Notification
and Other Procedural Requirements
- 193-A:6 Records;
- 193-A:7 Hearing;
Notice and Procedure
- 193-A:8 Order; Appeals
- 193-A:9 Liability
- 193-A:10 Home
Education Advisory Council
Compulsory attendance - As of July 1, 2009 the law reads: six years of age and over and under eighteen (18) years of age.
Parental Qualifications - None mandated
Testing - A variety of possible evaluation methods
are acceptible. Must pass test above 40th percentile.
Record Keeping - A portfolio must be kept.
§ 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
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
§ 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.
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.
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. (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.
Notification of Home Education Form
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. Subject to the provisions of RSA 193-A:7, the commissioner of education, resident district superintendent, or nonpublic school principal shall acknowledge receipt of notification within 14 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
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 to 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 has 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 as provided in RSA 193-A:7, I and II 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 acknowledgment, 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 one of the
(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 a 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, 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
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, his 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 educator
associations organized within New Hampshire.
(b) Two members nominated by the department
(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 educator membership on the
council. All vacancies on the council shall be filled in the
same manner as that of the original appointment.
This New Hampshire state department of education team has responsibility
for managing the school approval process for public and non-public
schools; additionally they monitor and provide technical assistance
for home educators. This group also coordinates charter school
and choice initiatives.
Summary of the Legal Requirements for Homeschooling in New Hampshire
What you really have to do to meet the letter of the law in New
Hampshire. From NHHC.
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